KCC 723/2004

This case involved a request by an employee for an expert to be appointed to assess dues owed from an employees' fund. The case was dismissed as the employee was not yet due his money from this fund.

Background

A claimant filed a case against two defendants and requested the court to appoint an expert in order to calculate his dues owed to workers in the fund of the employees of the Kuwait Oil Company and order the defendants to pay accordingly.

The court ruled that the defendants should pay the claimant 4536.647 Dinars.

The defendants appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The defendants appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had insufficient evidence of causation because they had maintained before the court that the case should be dismissed as the deadline for paying the dues to the claimant was not yet due and the court had ignored their defence.