Background

A claimant filed a case against defendants requesting that the court dismiss a mortgage contract.

The court ruled that it had no mandate to consider the case and referred it to the relevant department.

The department ruled that the contract be dismissed.

The defendants appealed and the appeal court abandoned the ruling and rejected the case.

The claimant appealed by cassation.

Decision

Before the cassation court the claimant argued that the ruling had erred in the application of law as the mortgaging of the real estate should not have necessarily deprived him from requesting the dismissal of the contract as the mortgaged real estate was special housing that should be excluded from a reservation under Article 216 of the Kuwait Pleadings Law, Kuwait Law No. 38/1980.