Background

A claimant filed a case against two defendants requesting that the court appoint an expert to calculate the value of compensation he deserved for damage resulting from the Iraqi invasion of Kuwait. The claimant requested that the court order the defendants to pay him his share of compensation accordingly.

The court rejected the case.

The claimant appealed and the appeal court upheld the ruling.

The claimant appealed by cassation through two appeals.

Decision

Before the cassation court the claimant argued that the ruling had erred in the application of law as the court established its ruling on the claimant having given up his right to compensation under a newer contract, but he had maintained this right under an earlier contract.

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 to establish its ruling. The court stated that the legal basis upon which the ruling should be established was the later contract.

The court therefore dismissed the appeal.