Background

A claimant filed a case against a defendant requesting that the court appoint an expert to make a final clearance between the parties.

The court rejected the case.

The claimant appealed and the appeal court ruled that the defendant pay the claimant 4562.500 Dinars.

The defendant appealed by cassation.

Decision

Before the cassation court the defendant argued that the ruling was contradictory as the court had assumed that the contract between the parties was a joint venture, and that the claimant, who was non-Kuwaiti, had 60% of shares in the venture and the defendant 40% which violates the ban stipulated by Article 23 of the Kuwait Commerce Law, Kuwait Law No. 68/1980.

The court held that this argument was invalid as the contract pertaining to a joint venture does not fall under the rules of Article 23 of said law.

The court therefore dismissed the appeal.