KCC 370/2004/1
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Civil Evidence, General Civil Procedure & Administration of Justice
Copyright
LexisNexis
Decision date
13 Apr 2005
Catchwords
Evidence – Judicial Endorsement
This case involved whether a statement made in a document by the defendant was to be considered a judicial endorsement of a rate. The defendant had later stated there was a mistake in the document.
Background
A payment order was issued against a defendant to order him to pay 16500 Dinars. The defendant made a plea before the court and requested the dismissal of the order.
The court dismissed the payment order and ruled the defendant should pay the claimant 1650 Dinars.
The defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling on the fabrication issue and rejected the appeal in other points.
Decision
The claimant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had violated the law and that the court had ignored that the defendant himself had endorsed that the rate in the contract was 2.5%.