Background

Claimants filed a case against defendants requesting that the court order the defendants to provide a report on their management and provide this report each month.

The first defendant requested that the court order the defendants to provide all the relevant reports in accordance with Article 207 of the Kuwait Law of Companies 1960.

The court rejected the case made by the first defendant and ruled that the defendants provide the mentioned reports.

The first defendant appealed and the appeal court abandoned the ruling regards the case made by the claimants and rejected the case made by the first defendant.

The claimants appealed by cassation.

Decision

Before the cassation court the claimants argued that the ruling had erred in the application of law as the court had established its ruling on them not being members of the board under a previous ruling, however, this ruling did not consider the appointment of these members.

The court held that this argument was invalid as the court has the authority to consider all aspects of a case and evaluate the evidence in order to establish its ruling.