KCC 409/1997
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
General Contract Law, Lending & Security, General Banking & Finance Law, Civil Evidence, General Commercial Law, Remedies, Civil Courts, Jurisdiction & Choice of Law
Copyright
LexisNexis
Decision date
1 Nov 1999
Catchwords
Contract – Debt – Clearance – Evidence – Expert – Illegal Investment Contract – Remedies – Court - Jurisdiction
This case involved a request to make a final clearance on some debts. It was stated the court had been wrong to order the investment contract was illegal without considering the consequences of dismissing it. However the court should restrict itself to the requests of the parties.
Background
A claimant filed a case against two defendants and requested the court to appoint an expert to determine the assets and the debts of a company and make a final clearance between the two parties.
The court ruled the defendants should pay the claimant 6386.500 Dinars.
The defendants appealed the ruling before the court of appeal. The court abandoned the appealed ruling and rejected the case.
Decision
The claimant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had insufficient evidence of causation because the court had considered the investment contract illegal and rejected the case and had ignored the consequences of dismissing the contract.