KCC 16/2005
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Lending & Security, Civil Evidence
Copyright
LexisNexis
Decision date
27 Jun 2006
Catchwords
Loan – Evidence – Settlement – Expert – Documentation without signature
This case involved a request for an expert to be appointed to assess documentation involving a loan and make an assessment so a settlement could be made. The documents provided as evidence had not included the company signature so should not have been accepted.
Background
A company filed a case against two defendants and requested the court to appoint an expert in order to review documents for a loan it had received from the first defendant and determine the losses it had gained and make a final settlement.
The first defendant filed a case against the company and requested the court to order the company to pay an amount of money.
The court rejected the two cases.
The first defendant and the company appealed the ruling before the court of appeal. The court upheld the appealed ruling in the first case and abandoned the appealed ruling and ruled that the company should pay the first defendant 366451.351 Dinars.
Decision