KCC 320/2000
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Liquidation, Lending & Security, Civil Evidence, Financial Institutions, Remedies
Copyright
LexisNexis
Decision date
5 Nov 2000
Catchwords
Appointment of Expert – Damage – Liquidation of Assets – Legal Basis
A case involved a dispute between a claimant and a bank over the liquidation of his assets.
Background
A claimant filed a case against a bank requesting that the court appoint an expert to determine the damage caused by the bank due to the liquidation of his assets.
The court rejected the case.
The claimant appealed and the appeal court upheld the ruling.
The claimant appealed by cassation.
Decision
Before the cassation court the claimant argued that the ruling had erred in the application of law as the court had established its ruling based on the bank using its right to claim amounts due to it, however, this action caused massive damage to the claimant.
The court held that this argument was invalid as the defence made by the claimant was unreasonable and had no legal basis.
The court therefore dismissed the appeal.