KCC 237/2005
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Civil Evidence, General Civil Procedure & Administration of Justice
Copyright
LexisNexis
Decision date
1 Apr 2006
Catchwords
Expert – Fund – Endorsement – Settlement – Evidence
This case involved a request for an expert to be appointed to calculate the claims dues as a result of his subscription to a fund. The court was wrong to ignore an endorsement the claimant had signed that he had received all his dues and that there was a settlement.
Background
A claimant filed a case against the defendants and requested the court to appoint an expert in order to calculate his dues which would result from his subscription to a fund and to order them to pay accordingly.
The court ruled the defendants should pay the claimant 5388 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 erred in the application of law and that the claimant had endorsed in a final settlement signed on 17/11/1998 that he had received all his dues but the court had ignored this document.