GTD, trading firm ordered to return vehicles to owner

Case against minister dismissed

order

By Jaber Al-Hamoud

KUWAIT CITY, Dec 17: The Court of Appeals, headed by Judge Ali AlDhubaibi, instructed a trading and contracting company and the General Traffic Department (GTD) to return 15 trucks and cars to the original owner – Kuwaiti man.

The court also ordered them to return the fully equipped trading office to the man with KD 5,000 compensation.

The plaintiff’s counsel, Attorney Ali Al-Ali, asked the court to restore ownership of the company to his client. He demanded for payment of proceeds from those vehicles since the time his client was denied the right until its restoration.

The lawyer argued that the GTD should not have transferred ownership of the vehicles to any party until the issuance of the verdict. He said his client and the company sealed a partnership agreement which cost the latter a fortune.

Case dismissed:

Al-Ali

The Administrative Court, chaired by Judge Dr Mohammad Al-Tamimi, dismissed the lawsuit filed by Al-Wataniya Mobile Telecommunications Company (Ooredoo) against the Minister of Finance requesting for nullification of an administrative decision issued by the Tax Complaints Committee Chairman.

Ooredoo asked the court to the defendant to refund KD2,413,697 due to double taxation, which means the company paid tax twice in Kuwait and Tunisia, and the act was against National Manpower Support Law number 19/2000. The company argued the profits upon which the tax was charged were made in Tunisia.

The company also pointed out that it is listed on Kuwait Stock Exchange where it pays an average of 2.5 percent annual tax in line with Article 12 of the aforementioned law. It later discovered the overpayment of taxes from 2005 until 2009, because the Kuwaiti government did not deduct the taxes paid in Tunisia for the same period. It regarded the payment as double taxation in Tunisia and Kuwait, so a case was filed when the Tax Complaints Committee issued the contentious decision on Feb 2, 2014.

Verdict dismissed:

The Personal Status Section in the Court of Appeals, chaired by Judge Jawad AlAbdullah, dismissed the verdict of the Court of First Instance, so the appellate court ordered a Kuwaiti woman to return home and be obedient to her husband.

According to the appeal filed by Attorney Dr Hanaa Bujarwah on behalf of the husband, the latter alleged that his estranged wife is not financially and psychologically stable.

The lawyer argued certain guidelines must be followed in terms of obedience in marital homes, indicating the lower court was wrong in its decision. She added the husband provides two separate entrances and the woman should maintain the status quo until the court rules on the divorce.