KCC 738/2001
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Lending & Security, Agency, Types of Contract, Jurisdiction & Choice of Law
Copyright
LexisNexis
Decision date
16 Apr 2003
Catchwords
Debt – Court Authority – Agency Contract
This case involved a claim for an amount owed and interest. It was wrongly argued the contract agreed with the defendant was an agency contract and wages could be estimated by the judge. This was irrelevant as the court had previously determined an amount to be paid based on a fixed basis.
Background
A company filed a case against a defendant and requested the court to validate a legal reservation it imposed against him and rule that the company no longer owed any money to the defendant.
The defendant filed a case against the company and requested the court to order the company to pay legal interest.
The court rejected the case made by the company and ruled that the company should pay the defendant 7% as legal interest.
The company appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision