KCC 453/2003
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Compensation, Civil Evidence, Remedies
Copyright
LexisNexis
Decision date
23 Nov 2005
Catchwords
Interim Award – Compensation – Expert – Evidence – Overseas Assets
This case involved a claim for temporary compensation and a request for an expert to be appointed to confirm damages as a result of a fair by the defendant to pay money. The court ordered instead experts be appointed to confirm if the defendant had assets overseas.
Background
A claimant filed a case against the defendants and requested the court to order the defendants to pay temporary compensation of 5001 Dinars and appoint an expert in order to determine the damage which had resulted from the refusal of the first defendant to pay him an amount of money.
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The court of cassation repealed the ruling and appointed three experts in order to consider the case documents and determine if the first defendant had assets abroad or not.