KCC 164/2001

This case involved a claim for moral and physical damages by an individual who had been imprisoned for issuing bounced cheques. The defendants rightly argued they were not responsible for the imprisonment.

Background

A claimant filed a case against defendants and requested the court to order the defendants to pay him an amount of money as compensation for the damage they had caused to him.

The court ruled the defendants should pay the claimant 6368.5 Dinars as compensation for physical damage and 12000 Dinars for moral damage.

The claimant and the defendants appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled the defendants should pay the claimant 12000 Dinars.

Decision

The defendants appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had insufficient evidence of causation because the court had ordered the defendants pay the claimant 12000 Dinars for the moral damage as he was imprisoned though they were not responsible for the imprisonment. The defendants stated the claimant was imprisoned because he had issued two bounced cheques.