KCC 482/2001
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Civil Evidence, General Civil Procedure & Administration of Justice
Copyright
LexisNexis
Decision date
14 Jan 2002
Catchwords
Evidence – Settlement – Signature – Forced – Expert – Fund
The original dispute involved a request that an expert be appointed to calculate what the claimant was due from a fund. The key issue was whether it had been right to ignore a settlement document because the individual stated they had been forced to sign it when there was no evidence of this.
Background
A claimant filed a case against defendants and requested the court to appoint an expert in order to calculate his dues in a fellow fund and order the defendants to pay these dues accordingly.
The court ruled that the defendants should pay the claimant 7812.551 Dinars.
The defendants appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision
The defendants 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 that the court had not considered the settlement document signed by the claimant based on the argument that he was forced to sign it although there is no proof on this.