Background

A bank filed a case against defendants requesting that the court order them to repay debt amounts they owed.

The court rejected the case.

The bank appealed and the appeal court suspended consideration of the appeal.

The first defendant appealed by cassation.

Decision

The Public Prosecution argued that the appeal should be rejected as the first defendant had appealed the ruling when a bankruptcy ruling had been issued against it.

The court held that this argument was valid. Furthermore, that the defendant had excluded the insolvency practitioner from its appeal and thus the appeal should not be accepted under Article 578 of the Kuwait Commerce Law, Kuwait Law No. 68/1980.

The court therefore dismissed the appeal.