Background

A bank filed a case against a defendant requesting that the court order the defendant to pay an amount of money. The bank stated that the defendant owed it this amount.

The court ruled that the defendant pay the bank the mentioned amount.

The defendant appealed and the appeal court upheld the ruling.

The defendant appealed by cassation.

Decision

Before the cassation court the defendant argued that the ruling had erred in the application of law as he had maintained before the court that he had been illegally informed with the case documents but the court ignored this defence.

The court held that this argument was valid as informing the defendant with the case documents was made in violation of Article 11 of the Kuwait Pleadings Law, Kuwait Law No. 38/1980. The court stated that the announcement should be considered illegal and thus the dispute between the two parties no longer existed as a result.

The court therefore repealed the ruling.