KCC 586/2004
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
General Contract Law, General Company Law & Business Entities, Civil Courts, Remedies, General Civil Procedure & Administration of Justice
Copyright
LexisNexis
Decision date
27 May 2005
Catchwords
Contract – Partnership – Joint Venture – Court – Claimant’s Request – Remedies
This case involved a request for a contract to be dismissed and compensation paid. The court had presumed this was a joint venture contract when this had not been claimed. The court had dismissed the contract based on the argument that the defendant had failed to commit to his obligations though the claimant had not established his requests based on this violation
Background
A claimant filed a case against a defendant and requested the court to dismiss the contract dated on 05/10/2000 and order the defendant to pay him 8000 Dinars plus 4000 Dinars in compensation.
The defendant filed a case against the claimant and requested the court appoint an expert in order to review the case documents.
The court rejected the two cases.
The claimant and the defendant appealed the ruling before the court of appeal. The court abandoned the appealed ruling and ruled the partnership between the two parties should be dismissed and that the defendant should pay the claimant 8000 Dinars.
Decision