Background

A claimant filed a case against defendants requesting that the court dismiss actions made by the first defendant regarding real estate and dismiss them from the real estate record.

The court ruled that the actions be dismissed.

The defendants appealed and the appeal court upheld the ruling.

The defendants appealed by cassation.

Decision

Before the cassation court the defendants argued that the ruling had erred in the application of law as the real estates were not included as a general guarantee as they were not classed as assets that could be reserved under Article 216 of the Kuwait Pleadings Law, Kuwait Law No. 38/1980.

The court held that this argument was valid as the case documents revealed that one of the properties was special housing in which the defendants resided before the existence of their debt. Also, that the property was not a guarantee for the debt received from the bank.

The court therefore repealed the ruling.