KCC 1057/2004
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Lending & Security, Civil Evidence, General Civil Procedure & Administration of Justice, Guarantees
Copyright
LexisNexis
Decision date
20 Jun 2005
Catchwords
Debt – Previous Ruling – Guarantee – Evidence
This case involved a request for an amount of money to be paid according to a previous ruling. It was stated the defendant had been guaranteed on the basis he did not return to Kuwait. Evidence was provided that he had. The legal power of the previous ruling did not change which meant that the court should not consider the same case with the same disputed party.
Background
A claimant filed a case against two defendants and requested the court to order the defendants to pay him 27127.500 Dinars. The claimant stated he had filed a previous case against one of the defendants and the expert had concluded at the time that the defendant owed the amount to the claimant.
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 mentioned amount.
Decision