KCC 504/2010

This case involved a request to cancel a sales contract for property. The defendants filed a counter case that this was an abuse of the right of litigation. This contract was illegal as the property was being sold to a non-Kuwaiti national which was not permitted.

Background

A claimant filed a case against a defendant and requested the court to dismiss a sales contract she had issued on 10/11/2003 to the claimant. The claimant added another defendant to the case.

The defendants filed a case against a claimant and requested the court to order the claimant to pay compensation for abusing the right in litigation.

The court rejected the case.

The claimant and the first defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The claimant appealed the ruling before the court of cassation and stated in her grounds of appeal that the ruling had erred in the application of law and that she had filed her case based on the argument that the contract was illegal because it violated the rules of Kuwait Law No. 74/1979.