KCC 407/1998
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Appeals, General Insurance Law, Litigation Procedure & Practice, Civil Courts
Copyright
LexisNexis
Decision date
28 Jun 1999
Catchwords
Appeal – Insurance – Legal Interest – Litigation Procedure – Legal Representative – Court
This case involved a claim by a company for money owed and interest and a counter claim against the company that it had been illegally received an insurance payment. The key issue was the appeal process. The same process should be used for appeals before the court of appeal and the court of cassation. The appeal document had been incorrectly signed by a lawyer who belonged to the legal department.
Background
A company filed a case against a defendant and requested the court to order the defendant to pay an amount of money and legal interest.
The defendant filed a case against the company and requested the court order the company to pay the value of insurance which the company had illegally received.
The court ruled the defendant should pay the company 2659304.466 Dinars and rejected the case made by the defendant.
The defendant appealed the ruling before the court of appeal. The court dismissed the appeal because it was not signed by a member of the department of fatwa and legislation.
Decision
The defendant appealed the ruling before the court of cassation.
The Public Prosecution argued that the appeal should be dismissed.