KCC 567/2003
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
General Succession Law & Estate Planning, Judiciary, Litigation Procedure & Practice
Copyright
LexisNexis
Decision date
25 Apr 2005
Catchwords
Inheritance – Litigation procedure – Judges
This case involved a request of the heirs of a deceased man for a ruling to be dismissed. The ruling was illegal as it had been considered by one group of judges and issued by another.
Background
The heirs of a deceased man filed a case against a defendant and requested the court to dismiss a ruling dated on 20/06/2001.
The court rejected the case.
The heirs appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision
The heirs appealed the ruling before the court of cassation.
The Public Prosecution argued that the appealed ruling was illegal because the board of judges that considered the pleading was different from the board that issued the ruling.
The court stated this argument was valid.
The court repealed the ruling.