BCC 139/2020

This case involved whether a debtor who had failed to pay a debt should pay interest. A key point was whether this was considered a commercial debt and the company was considered a merchant.

Background

A company filed a case against a defendant before the court. The company requested the court to order the defendant to pay 6000 Dinars and interest of 2.5%. The company said that the defendant had borrowed an amount of money and had failed to pay it back.

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

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 company said in its grounds of appeal that the ruling had erred in the application of law. The company said that the court had dismissed its request for interest on the grounds that the debt was not a commercial one alhough all the transactions it had made were commercial ones.

Decision