KCC 794/2001

This case involved a claim by a bank for money owed and monthly interest. The court was wrong to ignore the first defendant's argument that he had maintained before the court that he had used the bank card and the other defendants had guaranteed to pay the debt so they should pay it.

Background

A bank filed a case against the defendants and requested the court to order them to pay an amount of money and legal interest.

The court ruled the defendants should pay the bank 10395.058 Dinars and 15% monthly interest.

The first defendant appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled the defendants should pay the bank the amount and 7% annual interest.

Decision

The first defendant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law because he had maintained before the court that he used a card issued by the bank with the guarantee of the second and third defendants and that the second defendant (company) committed to pay the debt.