BCC 1969/2019, 44/2020
This case involved whether a bank was responsible for money lost by their client because of forged cheques. As the account holder had failed to take care of their cheque book or report its loss to the police the bank was not responsible.
Background
A claimant filed a case against two defendants before the court. He requested the court to order the defendants to pay him 70000 Dinars and interest. He said that he had an account in the bank (first defendant) and amounts of money had been withdrawn from his account by fake cheques issued by the second defendant.
The court ruled that the bank should pay the claimant 26000 Dinars and annual interest of 2%.
The bank appealed the ruling before the court of appeal. The court dismissed the appealed ruling and dismissed the case against the bank and ruled that the second defendant should pay the claimant 4000 Dinars.
The second defendant and the claimant appealed the ruling before the court of cassation.
Decision
Appeal No. 1969/2019: