KCC 663/2016

This case involved non-payment of a debt. The defendant had failed to prove the debt deed was forged or that he had paid the debt.

Background

A claimant filed a case against a defendant before the court. He requested the court to order the defendant to pay an amount of money. He said that the defendant had borrowed amount of money from him and had failed to pay it back.

The court ruled that the defendant should pay the claimant the amount.

The defendant appealed the ruling before the court of appeal. The court dismissed the appeal and upheld the appealed ruling.

The defendant appealed the ruling before the court of cassation. He said in his grounds of appeal that the ruling had erred in the application of law and had insufficient evidence of causation. He said that he had maintained before the court that the debt deed had been fabricated but the court had dismissed his defence without legal justification.

Decision