KCC 1227/2004

A case involved a dispute over the interest payable on a civil debt.

Background

A claimant filed a case against three defendants requesting that the court appoint an expert to determine the amounts of money he deserved. The claimant requested that the court order the defendants to pay these amounts plus compensation for the dismissal of a company contract.

The court ruled that the second defendant pay the claimant 2651.370 Dinars.

The claimant and second defendant appealed and the appeal court ruled that the second defendant pay annual interest of 7% on the 2651.370 Dinars.

The claimant appealed by cassation.

Decision

Before the cassation court the claimant argued that the ruling had erred in the application of law as the court had ruled that the second defendant pay annual interest of 7% on the debt he paid on the company's behalf, but the debt was a commercial one which meant that the calculation of interest should have commenced from the date of the debt and not the date of the ruling.