KCC 361/2013

This case involved a bounced cheque case and whether it was previously settled when it was claimed on appeal this was a guarantee cheque.

Background

The court of cassation said that the court dismissed the case made by the appellant because it was previously settled. The court said that the appellant made his case in order to request the validation that the two disputed cheques, which were under consideration in a previous case, were guarantee cheques and that the litigants did not have the right to claim the amount.

Decision

The court said that the documents of the case revealed that the appellant previously made an appeal against a payment order issued by the court in this regard but the court dismissed the appeal at the time because it concluded that the appellant still owed the value of the cheques to the litigants. The court said that the previous ruling had gained a legally binding power in this regard and therefore the appellant did not have the right to reconsider this issue again.

The court dismissed the appeal.