Background

A claimant filed a case against a defendant and requested the court to dismiss a cheque No. 81953 that they had withdrawn in the interest of the defendant.

The court rejected the case.

The claimant appealed the ruling before the court of appeal. The court abandoned the appealed ruling and ruled the cheque should be dismissed and the claimant was not obliged to pay its value.

The defendant appealed the ruling before the court of cassation and stated in her grounds of appeal that the ruling had erred in the application of law and that the court had concluded that the claimant did not owe the cheque amount to the defendant and had followed a penal ruling although this ruling had no legal power in the current case.

Decision

The court stated this argument was valid because the penal ruling issued on a previous case had no legal power before the court in the current case.

The court repealed the ruling.