Court asks business partner to pay man comp, legal fees
Kuwaiti citizen cheated
KUWAIT CITY, June 6: The Eighth Civil Section at the Court of Appeals ordered a business associate in a real estate company to pay KD 5,001 temporary compensation and KD 1,000 legal fees in favor of a Kuwaiti man.
Case file indicates that the Kuwaiti filed a lawsuit against his partner and director of a limited liability real estate company. The Kuwaiti accused his partner of selling to him a housing project in Bulgaria for KD 50,000 but did not hand over the property. He said the partner did not refund his money. He won a case concerning breach of the KD 50,000 contract in a final court verdict to enable him to get his share of the amount, but it became impossible to execute the verdict since he could not find the partner who changed name of the company and removed assets therein.
This prompted him to approach Taher Group Law Firm to sue the defendant in his individual capacity demanding for KD 5,001 temporary compensation, declaring that the company was bogus and used as a cover for the partner to avoid payment of debts. He held the defendant responsible as the legal director of the company, according to the license issued by the Ministry of Commerce and Industry and in line with Article 53 of the Trading Companies Law.
The plaintiff’s counsel, Attorney Khalid Taher Al-Khateeb, said his client decided to file another lawsuit against the defendant after efforts to execute the previous verdict against the company proved futile. He said the Court of First Instance dismissed the case, so he had to appeal the verdict.
Decision overhauled: The Court of Appeals cancelled the decision of the First Instance Court to reinstate former Board Chairman of Kuwait Airways Corporation (KAC) Sami Al-Nesf and then denied his claims.
The First Instance Court earlier decided to cancel the decision of Minister of Communication Essa Al-Kandari on the dismissal of Al-Nesf. This court also ordered payment of KD 5,001 compensation to Al-Nesf.
Meanwhile, the Court of Appeals said in the merits of its verdict that law number 22/2012 concerning the amendment of law number 6/ 2008 on the transformation of KAC into a share holding company gave the Minister of Communication the authority to appoint the members and chairman of the board as well as renewing their tenure but it did not give him the authority to dismiss any of them. The law states that the authority to dismiss the board chairman and members lies on the general assembly that was represented by the Board of Public Authority for Investment at the time.
Hearing adjourned: The Criminal Court, presided over by Judge Muhammad Ghazi Al-Mutairi, adjourned until Oct 16, 2016 deliberations on the case of Rana Al-Saadoun who had earlier been sentenced, in absentia, to three years in jail with hard labor and immediate execution for repeating the statement of former MP Musallam Al-Barrak.
The court also demanded for copies of the exit/entry movements of the accused from Jan 1, 2013 to June 5, 2016 while allowing the accused to post bail of KD 500.
Al-Saadoun, a human rights activist, was arrested upon arrival at Kuwait International Airport recently.