Background

Claimants filed a case against the Ministry of Commerce and Industry requesting that the court order the ministry to dismiss a decision by which it invited an international Kuwaiti company for investment to hold its general assembly.

The court ruled that the mentioned decision be dismissed.

The ministry appealed and the appeal court abandoned the ruling and rejected the case.

The claimants appealed by cassation.

Decision

Before the cassation court the claimants argued that the ruling had erred in the application of law as the court had established its ruling on the mentioned decision not being an administrative one, however, the ministry willingly invited the general assembly to hold its meeting in order to commence liquidation procedures in a way that changed the legal position of the claimants as partners in the company.

The court held that this argument was invalid as the announcement by the company to invite its shareholder to the meeting was not an administrative decision.

The court therefore dismissed the appeal.