KCC 611/1999
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Guarantees, Sale of Goods, General Contract Law, Payment & Payment Systems
Decision date
6 Oct 2002
Catchwords
Sale of Goods - Guarantee - Cheque Acceptance - Renewal of Agreement
This case involved the purchase of a car by the first defendant but guaranteed by the second. A key point was whether the acceptance of a cheque should be considered a renewal of the agreement.
Background
A claimant obtained a payment order to order two defendants to pay him 5420 Dinars for the remaining value of a car that the first defendant had bought through a guarantee of the second defendant.
The first defendant made a plea against the order and the court dismissed the plea.
The first defendant appealed the ruling before the court of appeal. The court dismissed the appeal and ruled that the partial court did not have authorization to consider the case.
The commercial court ruled that the payment order should be dismissed.