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Monday, 21 October 2019 14:24
Court of Appeal Obliges Gulf Financial Group to pay KWD 2,309,52.671 to Osoul
The Supreme Court of Appeal, headed by Judge Yousef Shams and other panel of judges Nayef Al-Mutairi and Sadiq Bilal, rejected the Appeal filed and went on to uphold the Appeal Court judgment and obliged the appellant to pay expenses including attorneys fees.
Osoul Investment Company had filed a lawsuit against the Gulf Financial Group in a claim for payment of KWD 2,309,352.671 (Two Million Three Hundred Nine Thousand & Three Hundred Fifty Two Kuwaiti Dinars and Six Hundred and Seventy One Fils) through their Attorney Abdulaziz Taher Alkhateeb of Taher Group Law Firm, on the basis of its debt through a promissory note. Gulf Financial Group refrained from paying the dues which prompted the appellant to file a lawsuit before the Court of First Instance which ordered Gulf Financial Group to pay the appellant the said amount in addition to the expenses and actual attorneys' fees. The appellant's appeal was attended by its representative, Lawyer Khalid Taher Alkhateeb who requested the Appeals court to support the appellate judgment based on its reasons, explaining the circumstances of the case and the limits of the appellant's commitment. The Court of Appeal went on to pass it’s judgment and stated that the deed in question included all the data as stipulated in Article 506 of the Trade Law and that the defendant did not pay it on the pretext that there was a relationship between that deed and a contract concluded between them and the appellant. The papers which were scrutinized did not indicate any such relationship proving that the promissory note did not have any relevance to the conclusion of the agreement and that the defendant by requesting for an expert in the case was intended only to prolong the litigation; a thing which necessitated avoiding. The Appeals court went on to uphold the lower court on ruling.