DCC 223/2009/1

This case involved payments which had been guaranteed to a bank. Key issues included whether it was possible for the court to award interest not requested and court procedures which should be followed when it is claimed a signature on a document used in evidence is forged.

Key Legal Questions

- When should the court order investigation by way of comparison or hearing witnesses.

- The Court of Next Instance's right to refer a case to investigation and hear the witnesses after the criminal laboratory was unable perform its task to compare a true signature and alleged forced signature.

- The Trial Court's authority in evaluating the statements of witnesses.

- The Trial Court's authority in giving legal description of a contract under the control of the Court of Cassation.

- If the Court's judgment may be included in the Enacting Terms of the Judgment and its reasons.

- If content of document signed blank may only be established in writing.

- If signing a guarantee bond blank in order to obtain bank facilities authorises the bank to fill in the terms of document.

- If the Court should comply with what the litigants have requested.