KCC 446/2003
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Civil Evidence, Pay, Benefits & Tax
Copyright
LexisNexis
Decision date
9 Jan 2005
Catchwords
Evidence – Expert – Dues
This case involved a claim by a claimant for unpaid dues and a request an expert be appointed to calculate these. The court dismissed the case as the claimant had not provided evidence that they had carried out their obligations.
Background
A claimant filed a case against a defendant and requested the court to appoint an expert to calculate her dues and order the defendant to pay accordingly.
The court rejected the case.
The claimant appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision
The claimant appealed the ruling before the court of cassation.
The court of cassation repealed the ruling and stated the claimant had failed to provide any document which confirmed that she had undertaken her obligations towards the defendant.
The court dismissed the appeal and upheld the elementary ruling.