KCC 252/1998
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Appeals, Nationality & Citizenship, General Commercial Law, Civil Evidence
Copyright
LexisNexis
Decision date
9 Jan 1999
Catchwords
Appeal – Company – Nationality – Commercial Law – Evidence
This case involved a claim by a claimant for money and interest. The first defendant appealed on the basis the company did not have Kuwaiti nationality and would not work in commerce as a result. This was rejected as the specific parts of the commercial law which had been violated had not been documented in the appeal documentation.
Background
A claimant filed a case against the defendants and requested the court to order the defendants to pay an amount of money and legal interest.
The court ruled that the defendants should pay the claimant 102500 Dinars and 7% legal interest.
The first defendant 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 because the company which filed the case was not a Kuwaiti company and was banned from working in commerce according to Article 23/1 of the Commerce Law.