Background

Claimants filed a case against defendants requesting that the court order them to pay an amount of money and compensation. The claimants stated that the partnership between the defendants owed the mentioned amount.

The court rejected the case.

The claimants appealed and the appeal court upheld the ruling.

The claimants appealed by cassation.

Decision

Before the cassation court the claimants argued that the ruling had insufficient evidence of causation as they had maintained before the court that the defendant should bear responsibility and pay the mentioned amount personally in accordance with Article 204 of the Kuwait Law of Companies, Kuwait Law No. 15/1960 as they had mismanaged the company.

The court held that this argument was valid as the case documents revealed that the defendants were partners in the same company and therefore should bear responsibility for the payment of the mentioned amount in accordance with Articles 148 and 204 of the Kuwait Law of Companies.

The court therefore repealed the ruling.