KCC 800/2004
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Defamation, Financial & Business Offences, General Criminal Procedure, General Accounting
Copyright
LexisNexis
Decision date
24 Jan 2006
Catchwords
Defamation – Fraud – Criminal Ruling - Accounts
This case involved a claim for damages by an individual who had been accused of fraud but found innocent in a criminal case. It was wrongly argued those making the accusations should have checked the accounts before informing the public prosecution. A party which uses their right in a legal and legitimate way should not be responsible for the damage which could result.
Background
A claimant filed a case against a defendant and requested the court to order the defendant to pay him compensation for damage. The claimant stated the defendant had accused him of fraud but the penal court had found him innocent.
The court rejected the case.
The claimant appealed the ruling before the court of appeal. The court upheld the appealed ruling.
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 company could have checked the financial statements before informing the Public Prosecution.