KCC 77/2001

A case involved a dispute between a bank and defendant over the repayment of an amount of money.

Background

A bank filed a case against a defendant requesting that the court order it to pay an amount of money plus legal interest.

The court ruled that defendant pay the bank 26212.997 Dinars.

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

The bank appealed by cassation.

Decision

Before the cassation court the bank argued that the ruling had erred in the application of law and contradicted material documentary evidence as the court rejected its request to order the defendant to pay interest based on the expert having included these amounts.

The court held that this argument was valid as the court had established its ruling on the expert having included interest in the mentioned amounts but the expert had only calculated interest until the date the account had been closed.

The court therefore repealed the ruling.