BCC 773/2019

This case involved a claim against some heirs for an outstanding debt owed by their deceased father. The company had provided evidence of the debt but the heirs had not provided a clearance document. They could not have the estate divided between them until the debt was paid.

Background

A company requested a judge to order the heirs of a deceased man to pay 15414.787 Dinars and legal interest. The company said that their father had received a loan from the company and failed to pay the remaining amount The company said that the heirs had failed to do so as well although they had already been informed of the matter. The judge refused to issue the order and the case was referred to the court.

The court dismissed the case.

The company appealed the ruling before the court of appeal. The court upheld the appealed ruling.

The company appealed the ruling before the court of cassation. The court repealed the appealed ruling and referred the case to the court of appeal. The court upheld the appealed ruling.