Background

The insolvency practitioner of claimants filed a case against a company requesting that the court order it to pay an amount of money.

The company requested that the court appoint an expert to make a final settlement between the parties.

The court ruled that the company pay 1479084.893 Dinars and stated that it had no mandate to consider the case filed by the company.

The company appealed and the appeal court upheld the ruling.

The company appealed by cassation.

Decision

Before the cassation court the company argued that the ruling had violated the law as the two cases were connected, therefore, the court should have considered them together.

The court held that this argument was invalid as the consideration of two cases together falls under the authority of the court under Article 90 of the Kuwait Pleadings Law, Kuwait Law No. 38/1980.