KCC 608/2005
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Litigation Procedure & Practice, Judiciary, Supply of Services, Remedies, General Contract Law
Copyright
LexisNexis
Decision date
7 Nov 2006
Catchwords
Litigation Procedure – Judge – Supply of Services – Remedies – Contract
The initial dispute involved an amount due for the supply of services under a contract. The case was rejected as the contract had been illegally agreed between a claimant who was a foreigner. The key issue on this case was that the judges who heard the pleading should have been the same as those who issued the ruling and signed its draft.
Background
A claimant filed a case against a company and requested the court to order the company to pay him an amount of money. The claimant stated he had finished some work for the company and it still owed this amount.
The court rejected the case because the contract which had been agreed between the two parties was illegal as the claimant was a foreigner.
The claimant appealed the ruling before the court of appeal. The court abandoned the appealed ruling and ruled that the company should pay the claimant 2908.23 Dinars.
The company appealed the ruling before the court of cassation.
Decision
The Public Prosecution argued that the appeal should be dismissed.