Background

A claimant filed a case against a defendant requesting that the court appoint an expert to review the documents of a disputed restaurant and order the defendant to pay accordingly.

The court rejected the case.

The claimant appealed and the appeal court upheld the ruling.

The claimant appealed by cassation.

Decision

Before the cassation court the claimant argued that the ruling had erred in the application of law as he had maintained before the court that the defendant was owed him the benefits he had received from the restaurant under Article 187 of the Kuwait Civil Law, Kuwait Law No. 38/1980 but the court ignored his defence.

The court held that this argument was valid as the court had ignored this defence despite it being a substantial one that could have changed the outcome of the ruling.

The court therefore repealed the ruling.