Background

A claimant filed a case against a defendant requesting that the court announce its bankruptcy for failing to pay a debt it owed to the claimant.

The court ruled that the defendant be considered bankrupt and appointed an insolvency practitioner.

The defendant appealed and the appeal court upheld the ruling.

The defendant appealed by cassation.

Decision

The Public Prosecution argued that the appeal should be dismissed as the defendant failed to file the appeal against the agent of its creditors.

The court held that this argument was valid as the defendant had filed his appeal against the claimant and excluded the creditor's agent, therefore, the appeal was illegal under Article 153 of the Kuwait Pleadings Law, Kuwait Law No. 38/1980.

The court therefore dismissed the appeal.