KCC 452/2001

This case involved the right to announce bankruptcy of a company that owed money to the state.

Background

A claimant filed a case against defendants before the court. He requested the court to announce the bankruptcy of the first defendant and to appoint the second defendant as a bankruptcy inspector. The claimant said that the first defendants owed an amount of money to the state and that they failed to pay it.

The court dismissed the case.

The claimant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

The claimant appealed the ruling before the court of cassation. He said in his grounds of appeal that the appealed ruling had erred in the application of law. He said that the court established its ruling on the grounds that the second defendant (the general authority of investments) did not object to the settlement request made by the first defendant. He said that the first defendant fell under the rules of Kuwait Law No. 41/1993 and that he failed to pay the debt and therefore was obliged to do so.

Decision