Background

A claimant, an insolvency practitioner, filed a case against a defendant and requested the court dismiss the action made by the bankrupt in their interest.

The court ruled that the action by the bankrupt person in the interest of the defendant should be dismissed.

The defendants appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The defendants appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had erred in the application of law and had contradictions of material documentary evidence and said that they maintained before the court that the case should be dismissed because it was filed one year after the issue of the bankruptcy ruling according to Article 589 of the Commerce Law.

The court stated this argument was invalid because the case had not been filed based on the article but upon the rules of Kuwait Law No. 41/1993 and so it should be the law that should be applied over the case.

The court dismissed the appeal.