SSLCT 85/1986

This case involved a cheque which had bounced. Although the cheque had been signed by the manager of a company who signed cheques for that company, the company was not liable as the cheque was from his private not the company account.

Background

A claimant filed a case against a company before the Commission of Commercial Papers requesting the company to pay the value of cheques issued by its manager.

The commission decided not to consider the case.

The claimant made a plea against the ruling before the Legal Commission of Trade Ministry (SLCTM) and stated that the drawer of the cheque was a person who represented the company and signed on its behalf.

Decision

The SLCTM stated the case file revealed that the case was filed against an irrelevant party because the manager had drawn the cheques on his private account not the company's account which meant the case should have been filed against him in person.

The court dismissed the case because it was filed against an irrelevant party.