KCC 1865/2015

This case involved two partners who had jointly taken out a loan but one had failed to repay their share which the other had paid. The other partner was not a guarantor and had the right to claim that share from his partner.

Background

A claimant filed a case against a defendant and a bank before the court. He requested the court to order the defendant to pay him 42845 Dinars. He said that he and the defendant had received a loan of 75000 Dinars from the bank and that he had paid 33000 Dinars, namely his share of the loan to the bank. He said that the bank had filed a case against him and that a ruling issued from the court ordered him to pay 42000 Dinars. He said that he also paid this amount although the defendant should have done so.

The court dismissed the case.

The claimant appealed the ruling before the court of appeal. The court upheld the appealed ruling.