KCC 1113/2004

This case involved a request for the implementation of a Ministerial Decision to be stopped and compensation paid to a company for damages. The Council of Ministers had a right to issue this decision to fulfil the public interest and did not need to be responsible for any resulting damages.

Background

A company filed a case against the defendants and requested the court to stop the implementation of Kuwait Ministerial Decision No. 1146/2002 and order the defendants to pay compensation.

The court rejected the case against the first three defendants and stated it had no mandate to consider the case against the fourth defendant.

The company and the fourth defendant appealed the ruling before the court of appeal. The court stated the fourth defendant had no right to appeal the ruling and upheld the appealed ruling.

Decision

The company appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had erred in the application of law. The court had concluded that the Council of Ministers did not bear the responsibility for the damage though all components of the damage existed.