Background

A claimant filed a case against defendants requesting that the court order them to pay an amount of money.

The court ruled that it was unacceptable to consider the case against the second defendant and rejected the case against the first defendant.

The claimant appealed and the appeal court ruled that the first defendant pay the claimant 41000 Dinars.

The first defendant appealed by cassation.

Decision

Before the cassation court the first defendant argued that the ruling had erred in the application of law as the claimant failed to provide the documents which proved his right to an insolvency practitioner.

The court held that this argument was valid as the claimant failed to provide the insolvency practitioner with the documents which proved his rights under Article 655 of the Kuwait Commerce Law, Kuwait Law No. 68/1980.

The court therefore repealed the ruling.