KCC 646/2002

This case involved a request to cancel an administrative decision. It was wrongly argued the court had made a mistake in rejecting the case because they had presumed this was a contractual dispute not a dispute involving the cancellation of an administrative decision. This was irrelevant as there was no administrative decision.

Background

A claimant filed a case against two defendants and requested the court to dismiss Kuwait Administrative decision No. 32/2000 and all its consequences.

The court rejected the case.

The claimant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The claimant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law and that the court had established its ruling based on the argument that the case was a contractual dispute and not a cancellation case.

The court stated this argument was invalid because the court had rejected the case due to the non-existence of the administrative decision.

The court dismissed the appeal.