KCC 1008/2003, 1009/2003
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
General Commercial Law, Civil Courts, Remedies, Lending & Security
Copyright
LexisNexis
Decision date
25 May 2005
Catchwords
Investment Contract – Court – Damages – Commercial Debt – Judgment
This case involved a request that an investment contract be dismissed and money received paid back. It was wrongly claimed the court should have detailed the components of the damages in its judgment. This was incorrect as the court had asked the defendants to pay the value of compensation for the reservation of vacancy fees because it was a commercial debt so different rules applied.
Background
A claimant filed a case against two defendants and requested the court to dismiss an investment contract dated on 11/03/2000 and order them to pay back an amount of money they had received.
The court rejected the case.
The claimant appealed the ruling before the court of appeal. The court abandoned the appealed ruling and ruled the defendants should pay the claimant 5500 Dinars.
Decision
The defendants appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had erred in the application of law because the court had ordered them to pay 500 Dinars in compensation without identifying the components of damage.