KCC 1740/2012

This case involved the amount of money owed under a credit facilities agreement. A key point was whether the original contract which determined the debt applied. It had been stated a new contract would be issued if the bank switched to Islamic banking but it had not done so.

Background

The documents of the case revealed that the disputed contract had stipulated that the appellant should received an amount of money as credit facilities and that they should be paid on 31/03/2019.

Decision

The court said that the contract also stipulated that if the bank converted to the Islamic Banking System, a new contract with a new formula should be signed. The court said that as the bank did not convert to Islamic banking so the current contract is still valid. The court said that the disputed contract was signed by the executive formula and therefore it should be considered as an executive document where the value of debt was determined. The court said that the court established its ruling on the grounds of solid evidence and that the appellant's defence was irrelevant in this regard.

The court dismissed the appeal.