Background

A company filed a case against defendants requesting that the court order them to pay an amount of money.

The court ruled that the defendants, except the fifth, pay 175000 Dinars and annual interest at 7%.

The defendants appealed and the appeal court abandoned the ruling and rejected the case.

The company appealed by cassation.

Decision

Before the cassation court the company argued that the ruling had erred in the application of law as the court violated a previous ruling which validated his right in disputed cheques.

The court held that this argument was invalid as Article 53 of the Kuwait Law of Evidence, Kuwait Law No. 39/1980 stipulates that the ruling which gains legal power has such legal power in the dispute which it settles between the parties. The court stated that the father of the defendant was not a party in the previous ruling and thus the previous ruling had no legal power in the current case.

The court therefore dismissed the appeal.