SCA 34256805/2013
Type
Case
Court
Saudi Arabian Court of Appeal
Jurisdiction
Saudi Arabia
Taxonomy
Lending & Security
Copyright
LexisNexis
Decision date
12 May 2013
Catchwords
Witness statement – Debts – Absence of litigating party – Sharia Litigation Law
The case involved money which had been borrowed and was to be paid back in instalments, but was not. A key point was that the initial court should reconsider its ruling as the borrower had been absent and his statement had not been heard.
Background
A man lent another man 150000 Riyals which was to be repaid in 50,000 Riyal instalments. The borrower failed to repay the debt on time. The lender filed a case (Case No. 331151579 on 09/05/2012 before Jeddah General Court) requesting the borrower to repay the full-borrowed amount and provided the court with a declaration by the borrower that proved he had borrowed the said amount. The lender also provided a witness statement that proved his case and swore under the oath that he had told the truth. Jeddah General Court said the borrower should repay the debt pursuant to the provision of Article 55, 176 of Saudi Arabia Cabinet Decision No. 11/1435.
Decision