KCC 966/2004

This case involved money owed to a bureau. It had been wrong to consider the statute of limitations applied as this was interrupted when the case was filed.

Background

A bureau filed a case against a defendant and requested the court to order the defendant to pay an amount of money he owed to the bureau.

The court ruled that the defendant should pay the bureau 1881.094 Dinars.

The claimant appealed the ruling before the court of appeal. The court abandoned the appealed ruling and rejected the case.

Decision

The representative of the bureau 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 due to the statute of limitations although the period for the statute of limitations is interrupted by filing the case.

The court stated this argument was valid because the period of the statute of limitation is interrupted by filing the case. The court stated the bureau had filed the case five years before the amount was paid to the defendant.

The court repealed the ruling.