ECC 5039/70

This case involved a request for a Kuwaiti ruling that a mother had the right to obtain a passport for her sons be implemented. The father correctly argued the dispute did not legally exist before the Kuwaiti court as he had not been informed of the case.

Background

A claimant filed a case against two defendants and requested the court to implement a ruling issued in Kuwait which had ruled she had the right to get a passport for her sons.

The court ruled that the ruling should be implemented.

The first defendant (sons' father) appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The first defendant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law and had insufficient evidence of causation because he had maintained before the court of appeal that the dispute did not legally exist before the Kuwaiti court as he had not been informed to attend the court session but the court had ignored this defence.