KCC 893/2000
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Appeals, Civil Evidence, Civil Courts, Litigation Procedure & Practice
Copyright
LexisNexis
Decision date
15 Oct 2001
Catchwords
Appeal – Settlement Contract – Dismiss – Evidence – Expert – Litigation Procedure – Court
This case involved a request for a settlement agreement to be dismissed and a defendant pay an amount of money. In the court of cassation it was argued the court of appeal had been wrong not to appoint an expert to calculate money owed by the claimant to the defendant. This was incorrect as this had not been introduced to the court at an early enough stage.
Background
A claimant filed a case against a defendant and requested the court to dismiss a settlement contract dated on 01/11/1995 and order the defendant to pay an amount of money and legal interest.
The court ruled that the defendant should pay the claimant back 28000 Dinars.
The defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision
The defendant appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had erred in the application of law and they had requested the court of appeal to appoint an expert to calculate the amount money the claimant owed to them but the court had ignored their request.