KCC 742/2001
This case involved what statute of limitations should apply to a current account debt.
Background
A bank filed a case against a company before the court. The bank requested the court to order the company to pay £8725. The bank said that the company owed the mentioned amount as a result of a credit facilities contract and that it failed to pay it.
The court said that the case should not be considered.
The bank appealed the ruling before the court of appeal. The court upheld the appealed ruling.
The bank appealed the ruling before the court of cassation. The bank said in its grounds of appeal that the appealed ruling had erred in the application of law. The bank said that the court established its ruling on the grounds of that the case should be dismissed due to the statute of limitations in accordance with Article 404 of the Commerce Law though the court should have applied Article 401 on the case.