KCC 1414/2015

This case involved the interest clients should pay on a loan with a bank. A key point was the terms of the contract.

Background

A bank filed a case against a company before the court. The bank requested the court to order the company to pay 25338.471 Dinars and contractual interest of 3% annually. The bank stated the company had received a loan and it still owed the amount.

The court ruled that the company should pay the bank the amount.

The bank appealed the ruling before the court of appeal. The court dismissed the appeal and upheld the appealed ruling.

The bank appealed the ruling before the court of cassation. The bank said in its grounds of appeal that the ruling had erred in the application of law and had insufficient evidence of causation. The bank said that the court had failed to order the company to pay the annual contractual interest of 3% on the grounds that the loan was a good one although the loan granted by the bank was a commercial loans according to Article 5 of Kuwait Decree-Law No. 68/1980.

Decision