KCC 1686/2015
This case involved a failure to pay for purchased goods. A key point was the validity of a referral of the debt from the company to their director. It was important that this referral had not been in his capacity as a director but in a personal capacity.
Background
A company filed a case against two defendants before the court. The company requested the court to order the first defendant to pay 3950000 Dinars. The company said that it had signed an agreement with the first defendant to supply him goods, but he failed to commit to his obligations according to the signed contract. The company said that the second defendant, who was who was the company’s chairman of directors issued two cheques to the first defendant from the company’s account. The company said that it had requested the first defendant to pay the value of cheques, but he had failed to do so.
The court dismissed the case.
The company appealed the ruling before the court of appeal. The court dismissed the appeal and upheld the appealed ruling.