BCC 125/2020

This case involved non payment of a debt and whether purchase orders could be used as commercial paper.

Background

A claimant filed a case against a defendant before the court. They requested the court to order the defendant to pay them 12000 Dinars and interest of 2.5%. They said that the defendant had borrowed the amount from them and failed to pay it.

The court ruled that the defendant should pay the claimant the amount.

The defendant appealed the ruling before the court of appeal. The court dismissed the appealed ruling and the case.

The claimant appealed the ruling before the court of cassation. She said in her grounds of appeal that the ruling had erred in the application of law and had insufficient evidence of causation. They said that the court had established the ruling on the grounds that the payment orders provided by them were invalid because the debt should not have been paid in instalments. They said that the payment orders met all the conditions to be commercial paper.

Decision