KCC 866/2004
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Remedies, Compensation, Types of Contract, General Company Law & Business Entities
Copyright
LexisNexis
Decision date
14 May 2005
Catchwords
Contract – Remedies - Compensation – Partnership Contract – Joint Venture Contract
This case involved a claim for compensation because of a violation of a partnership contract. It was argued a mistake had been made and this was a joint venture contract. A key point was that a party had the ability to ask the court to dismiss a contract if the other party fails to meet their commitments when they fall due.
Background
A claimant filed a case against a defendant and requested the court to order the defendant to pay him 5001 Dinars as compensation because the defendant had violated the partnership contract.
The court ruled that the defendant should pay the claimant 4000 Dinars.
The defendant appealed the ruling before the court of appeal. The court abandoned the appealed ruling and rejected the case.
Decision
The claimant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law and stated that the contract between the two parties was a joint venture contract and that the defendant had violated his obligations by taking over the company profits.