KCC 426/2000
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
General Real Property Law, Divorce, Civil Evidence
Copyright
LexisNexis
Decision date
15 Oct 2001
Catchwords
Real Property – Divorce – Share Surrender – Court Authority – Evidence
This case involved a claim by a defendant for her surrender in a share in a property to be overturned or that she be paid the value of the share. It was argued the surrender had been part of a divorce agreement and there was no evidence of an agreed amount. The court had the authority to review the evidence and decide if the surrender had been agreed by the parties.
Background
A claimant filed a case against a defendant and requested the court to dismiss her surrender of her share in a disputed chalet or order the defendant to pay the value of her share which was 37000 Dinars.
The court ruled that the surrender should be dismissed.
The defendant appealed the ruling before the court of appeal. The court abandoned the appealed ruling and referred the case to the elementary court which ruled the defendant should pay the claimant 20000 Dinars in exchange for her surrender.
The defendant appealed the ruling before the court of appeal. The court abandoned the appealed ruling and rejected the case.
Decision