KCC 16/2002

This case involved compensation for damage to a car. A key point was whether a mistake in the litigant's name invalidated the ruling.

Background

A claimant filed a case against two defendants before the court. He requested the court to order the defendants to pay him 9000 Dinars as compensation for damage of his car.

The court ruled that the first defendant should pay the claimant 4975 Dinars.

The claimant and the first defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

The first defendant appealed the ruling before the court of cassation. He said in his grounds of appeal that the appealed was invalid. He said that the ruling issued against him failed to include his correct name which meant that the court had failed to consider the case properly.

Decision

The court said that this argument was valid. The court said that Article 116 of Kuwait Decree-Law No. 38/1980 stipulated that the mistake in the names of the disputes parties entailed the invalidity of the ruling. The court said that the documents of the case revealed that the court had failed to mentioned the correct name of the defendant.