KCC 394/2002
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Lending & Security, Civil Evidence, General Company Law & Business Entities
Copyright
LexisNexis
Decision date
27 Dec 2003
Catchwords
Loan – Rescheduling – Shares – Evidence
This case involved a request by a claimant for the validation of their right to reschedule a loan. It was wrongly argued evidence on the sale and purchase of shares which was relevant had been ignored by the court. This was irrelevant as the case documents showed requests on the shares and including them in the calculation had not been made.
Background
A claimant filed a case against two defendants and requested the court to validate his right to reschedule a disputed loan in accordance to the rules of Kuwait Law No. 41/1993.
The first defendant filed a case against the claimant and requested they pay the remaining value of the debt.
The court rejected the two cases.
The claimant and the first defendant appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled the first defendant should pay the claimant 17748.325 Dinars.
Decision