Background

A payment order of 9000 Dinars was issued against a defendant. The defendant made a plea against the order.

The court accepted the plea and referred the case to investigation.

The court then dismissed the payment order and draft.

The claimant appealed and the appeal court suspended consideration of the appeal until another case had been settled.

The claimant appealed by cassation.

Decision

Before the cassation court the claimant argued that the ruling had erred in the application of law as he had maintained before the court that the draft was a guarantee for works done by the defendant but the court ignored his defence.

The court held that this argument was invalid as the details of the draft meant that the debt did not therefore exist.

The court therefore dismissed the appeal.