In this very recent case, the Court reiterated the legal
position on dishonoured cheques.
In this case decided in July 2009, the plaintiffs took action in
the First Hall of the Civil Court the defendants claiming that
in April 1998 the Plaintiffs Grima J. & M. had loaned the
company Lm6,000 and Seguna N. & M. had loaned it Lm14,000. This
loan was made following a request by his brother Grima G, who
was the company's book keeper. When the loan was due, Grima G
claimed that he had been told by Buontempo to refund the amount
outstanding by cheque but such cheque was not honoured by the
banks due to insufficient funds.
After assessing all the facts, the court found Buontempo and
Centre Travel Co Ltd responsible for three-quarters of the sum
claimed by plaintiffs and it also fond the other defendant,
Grima G, responsible for the remaining quarter. The court
declared that defendants owed plaintiffs Lm20,000 (46,587.47
Euros) and ordered this amount to be paid in proportion to the
degree of responsibility. The court also found that the
defendants had all acted fraudulently.
