Background

A bureau, as insolvency practitioner to the defendant, received approval from the judge to sell two real estates owned by the defendant.

The defendant appealed and the appeal court ruled that the defendant had no right to appeal the decision.

The defendant appealed by cassation.

Decision

The bureau and Public Prosecution argued that the appeal should be dismissed as it did not include the insolvency practitioner.

The court held that this argument was valid as Article 578 of the Kuwait Commerce Law, Kuwait Law No. 68/1980 stipulated that the part of the case which becomes bankrupt by ruling cannot then proceed in relation to the sums included in the bankruptcy case. The court stated that the defendant had no right to appeal the ruling without the insolvency practitioner.

The court therefore dismissed the appeal.