ECC 1615/2000

This case involved the enforcement of money owed to a bank. The enforcement judge stated no money was owed. A key issue was the difference in the exemption status of delay and normal interest.

Background

Some claimants filed a case against a bank before the court of first instance requesting the cessation of proceedings adopted by the bank in case No. 93/1977. The claimants also requested a final clearance of their debt and compensation.

The court of first instance said that it had no mandate to consider the case and referred the case to the enforcement judge. The enforcement judge ruled that the proceedings adopted by the bank should be ceased and that the claimants did no owe any money to the bank.

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

Decision

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 The court of cassation repealed the ruling and referred the case to the court of appeal.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