KCC 415/2003

This case involved a claim for unpaid money and interest. The key question was when the statute of limitations should be calculated from. It had been calculated from the date of a delivery although this was a partial not full delivery. However, the money had been due on a different date.

Background

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

The court refused to consider the case due to the statute of limitations.

The claimant appealed the ruling before the court of appeal. The court abandoned the appealed ruling and ruled the first defendant should pay the claimant 76630.191 Dinars and annual interest of 7% and rejected the case against the third defendant.

Decision

The claimant 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 the court had rejected the case against the second defendant due to the statute of limitation although the delivery which had been made on 12/02/1987 was partial one and his dues were not due until the final delivery.