Background

A claimant filed a case against two banks requesting that the court order the first bank to pay him 9000 Dinars. The claimant stated that he had requested that the first bank transfer this amount to his account with the second bank but the bank instead discounted the amount from his account.

The court ruled that the two banks pay the claimant 9000 Dinars.

The first bank appealed and the appeal court upheld the ruling.

The first bank appealed by cassation.

Decision

Before the cassation court the bank argued that the ruling had insufficient evidence of causation as the court ignored its defence that the mentioned amount was transferred to the second bank, however, the dispute existed over the number of the account.

The court held that this argument was valid as the first bank had provided the court with documents confirming that it transferred the mentioned amount to the account of a company in which the claimant was a partner who had the right to access the company's accounts. The court stated that the court had ignored this defence.