Background

A company filed a case against an institution requesting that the court order it to pay an amount of money plus legal interest.

The court ruled that the institution pay the company 103718.260 Dinars in addition to a monthly payment of 500 Dinars.

The company and institution appealed and the appeal court abandoned the ruling regards the rejection of the payment of interest and upheld the ruling on all other points.

The institution appealed by cassation.

Decision

Before the cassation court the institution argued that the ruling had erred in the application of law and had insufficient evidence of causation as the company's final requests did not include legal interest.

The court held that this argument was invalid as Article 128 of the Kuwait Pleadings Law, Kuwait Law No. 38/1980 stipulated that the ruling issued during the consideration of the case which does not settle the dispute cannot be appealed.

The court therefore dismissed the appeal.