KCC 67/2003
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Civil Evidence, Remedies, Civil Courts, General Contract Law, General Criminal Procedure
Copyright
LexisNexis
Decision date
5 Apr 2004
Catchwords
Evidence – Contract – Penal Condition – Remedies – Court
This case involved a claim by a company for money owed because of a failure to carry out contract obligations. It was wrongly stated the court had ordered him to pay the value of a penal condition although he had not caused any damage to the company. This argument was ignore because it was first made at the Court of Cassation.
Background
A company filed a case against a defendant and requested the court to order the defendant to pay 10000 Dinars. The company stated the defendant had failed to commit to his obligations according to an agreed contract.
The court ruled that the defendant should pay the company 10000 Dinars.
The defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision
The defendant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had insufficient evidence of causation and the court had ordered him to pay the value of a penal condition although he did not cause any damage to the company.