Background

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

The court ruled that the first defendant pay the first claimant 2807.632 Dinars and the second claimant 1684.418 Dinars.

The defendants appealed and the appeal court rejected the appeal made by the second defendant and ruled that the first defendant pay the claimants 4438.530 Dinars.

The defendants appealed by cassation.

The Public Prosecution argued that the defendants had no right to appeal the ruling.

Decision

The court of cassation held that this argument was valid as Article 152 of the Kuwait Commercial and Civil Pleadings Law, Kuwait Law No. 38/1980 stipulates that appealing a ruling issued by the court of appeal, or any absolute ruling before the court of cassation, is acceptable if the ruling settles a dispute that is different from a previous ruling involving the same disputed parties.

The court therefore dismissed the appeal.