Background

A company filed a case against a defendant requesting that the court order the defendant to pay an amount of money for failing to commit to his obligations under contract.

The defendant requested that the court order the representative of the company to swear before the judge and pay 6600 Dinars plus legal interest.

The court rejected the case made by the company and ruled that the company pay the defendant 21027.799 Dinars.

The defendant and company appealed and the appeal court ruled that the defendant pay the company 17076.840 Dinars and rejected the case made by the defendant.

The defendant appealed by cassation.

Decision

Before the cassation court the defendant argued that the ruling had erred in the application of law as his share in the company did not exceed the rate stipulated by Article 23 of the Kuwait Commerce Law, Kuwait Law No. 68/1980.