Background

A claimant filed a case against a company requesting that the court order the company to pay the value of a cheque it had illegally received together with legal interest and compensation.

The court rejected the case.

The claimant appealed and the appeal court upheld the ruling.

The claimant appealed by cassation.

Decision

Before the cassation court the claimant argued that the ruling had contradicted material documentary evidence and had insufficient evidence of causation as the court rejected his case based on him failing to prove that he had released the mentioned cheque as an execution guarantee, however the expert had concluded that there was no existing commercial relationship that would entail owing the value of the cheque.

The court held that this argument was valid as the expert had concluded that the claimant had released the cheque to the company as an execution guarantee but the court ignored this conclusion.

The court therefore repealed the ruling.