Thursday , October 19 2017

Citizen acquitted of drug trading after filing appeal

KUWAIT CITY, March 8: The Court of Appeals cancelled the verdict of the Court of First Instance that sentenced a citizen to life imprisonment for trading in shabu. The higher court acquitted the citizen and instructed him to undergo psychiatric treatment as he is a drug addict. Reports from the arresting officer indicated that after thorough investigations, the officer got an arrest warrant from the Public Prosecution to apprehend the suspect. The suspect was found in possession drugs for peddling and personal consumption. At the Appeals Court, Attorney Ayed Al-Rasheedi argued his client was not a drug peddler but the little quantity he was found with was for his personal use as his client is sick and needs medical attention. He asked the court for clemency towards his client and that he needs rehabilitation instead.

Case dismissed: The First Instance Court dismissed the lawsuit filed by a citizen against a trading company calling the latter to pay him KD 39,000 – the value of a bank transfer. The plaintiff said he loaned the abovementioned sum to the company by way of a bank transfer. He said that since the friendly calls he made to collect payment bore no fruits, he requested for a payment order but his request was rejected so he had no recourse but to sue the company. Attorney Khawla Al-Hasawi, the company’s lawyer, stressed that the plaintiff filed the lawsuit in order to obligate the company to pay him KD39,000 through a bank transfer. She pointed out the documents proved that the bank transfer was processed for the company where the plaintiff works and the money was already transferred to the company. She added the presented documents show the plaintiff is authorized to sign for his company where he is a partner. She argued the plaintiff filed the lawsuit personally, not as a representative of the company. The court then ruled that the lawsuit was filed based on wrong assumptions, hence, the case was dismissed.

Firm loses case: The Commercial Court presided over by Judge Khalid Bashir dismissed the case filed by a real estate company against an expatriate man and an expatriate woman. The court ordered the company to pay KD 43,000, or its equivalent 89,944 pounds sterling, to the duo over alleged breach of real estate brokerage contract signed in May 2015. The company filed the lawsuit against the expatriates, urging the court to assign an expert from Ministry of Justice to evaluate the sum it demanded for the purchase of a property in England at 88,000 pounds sterling. The company declared inability to transfer the deed to them because of some foreign reasons due to which it refunded a certain amount of money since the defendants refused to pay the requested sum. The defense counsel Lawyer Faisal Al-Gharebah urged the court to dismiss the main case against his clients since the company had confessed to its inability in transferring the property deed. He support the argument with a clause from the contract that stipulates his clients are not obliged to pay any money until the property is registered in their name. Concerning other aspects of the case, Lawyer Gharebah urged the court to order the company to refund the amount paid by his clients due to failure in keeping its part of the deal. He said action of the company deprived his clients the opportunity to invest the money for more than one year

By Jaber Al-Hamoud Al-Seyassah Staff

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