KCC 545/2001

This case involved what statute of limitations applied to the guarantor of a defaulted debt.

Background

A claimant filed a case against two defendants before the court. He requested the court to accept the plea he had made against a payment order and to dismiss this order. He said that the defendant had ordered the order against him and against the second defendant ito pay 29000 Dinars. He said that the first defendant claimed that the second defendant owed this amount and that the claimant was the guarantor. He said that the payment order should be dismissed because it was not issued within the legal deadline stipulated by Article 502 of the Commerce Law.

The court ruled that the payment order should be dismissed.

The first defendant appealed the ruling before the court of appeal. The court dismissed the appealed ruling and upheld the payment order.