Background

The Deputy Minister of Health filed a case against a defendant requesting that the court order it to pay 133,800 Dinars. The minister stated that this was the remaining amount of a debt the defendant owed.

The court rejected the case.

The minister appealed and the appeal court ruled that he had no right to appeal due to the lack of quorum.

The minister appealed by cassation.

Decision

Before the cassation court the minister argued that the ruling had erred in the application of law as he had provided the court with documents which confirmed that the defendant owed the mentioned amount but the elementary court concluded that the case documents included no proof of this claim. The deputy stated that the court's conclusion resulted in an illegality in the ruling and thus he had the right to appeal under Article 138 of the Kuwait Pleadings Law, Kuwait Law No. 38/1980.

The court held that this argument was valid as the court had ignored this defence.

The court therefore repealed the ruling.