KCC 762/2002

This case involved a request for an outstanding loan. A key issue was whether interest was due as instalments had been made. However, as a certain amount of the loan had not been paid within the given period interest was due.

Background

A bank filed a case against a defendant and requested the court to order the defendant to pay the remaining value of a loan.

The court ruled the defendant should pay the bank 9443.903 Dinars.

The defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The bank appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had erred in the application of law because the court had rejected its request to order the defendant to pay delay interest based on the argument that that the bank had received all the interest although the case documents revealed instalments of the loan had entered the current account and it should fall due when the account is closed.