Background

A claimant filed a case against a bank requesting that the court order it to pay her compensation due to a mistake which caused her damage.

The court ruled that the bank pay the claimant 59785 Dinars.

The claimant and bank appealed and the appeal court referred the case to the elementary court.

The bank appealed by cassation.

Decision

Before the cassation court the bank argued that the ruling had erred in the application of law as the bank should not have had to bear responsibility for the mistake as it had dealt with the claimant's husband under his authorisation.

The court held that this argument was valid as when the claimant was informed of the cancellation of her husband's authorisation, there remained no accounts owned by the claimant, therefore, there was no relationship that existed between the claimant and the bank.

The court therefore repealed the ruling.