Background

A claimant filed a case against two defendants and requested the court to appoint an expert in order to review a contract agreed with the first defendant (a bank) and calculate the rate of interest and the remaining value of the loan, and order the bank to pay accordingly.

The court ruled that the bank had no right to amend the rate of interest on the loan that the claimant had received.

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

Decision

The bank appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had contradictions of material documentary evidence because the ruling violated the contract which stipulated that the interest rate would be 4% above the discount rate of Bank of Kuwait.