KCC 72/2004
Background
A claimant filed a case against a company requesting that the court order it to pay an amount of money plus legal interest. The claimant stated that it had completed work for the company but had not been paid under the contract.
The court ruled that the company pay the claimant 36815.713 Dinars.
The company appealed and the appeal court upheld the ruling.
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 case documents had been sent to an address that did not belong to it.
The court stated that this argument was invalid as Article 80 of the Kuwait Pleadings Law, Kuwait Law No. 38/1980 stipulated that the illegality of case documents resulting from a mistake in announcement should be dismissed if the relevant party attends the session of court.
The court therefore dismissed the appeal.