SCA 1700/2019 issued on 29/07/2019
This case involved a disputed cheque. The defendant stated he was a partner in the company and had paid capital into the company via cheques to the claimant. The defendant's testimony was found to be contradictory.
Background
A claimant filed a case against a defendant before the court. He requested the court to suspend the execution of a ruling against him on a disputed cheque. He said that the cheque had been issued by the manager of the company he worked for to the defendant.
The defendant said that he was a partner in the company and that he had paid his share in the company's capital through cheques issued to the claimant.
Decision
The court said that the case documents revealed that the testimonies of the defendant were contradictory. The court said that the defendant had failed to prove that he deserved the value of the disputed cheque.
The court ruled that the defendant did not deserve the value of the cheque.
The Court of Appeal – Mecca upheld the ruling based on the same grounds.