Court orders payment of cash to martyr’s son

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‘Rightful owner of govt stipend’

KUWAIT CITY, March 18: The Commercial Circuit of the Court of First Instance ordered the payment of KD 150,000 to an individual, which is the money owed to him by his grandfather. In demand for this money, the plaintiff had filed a case against the director of Public Authority for Minor Affairs, undersecretary of Ministry of Interior, director of public authority for calculating compensations, and director of Public Institution for Social Security, as well as the heirs of his grandfather.

According to the case file, his father worked at Ministry of Interior before he was imprisoned by Iraqi forces during the invasion. His name was recorded in the POWs list. The plaintiff presented documents to prove that his father was martyred after he was imprisoned by the Iraqi forces, and his salaries, from the time he was imprisoned until he was declared martyr, were referred to the family’s bank account. Public Institution for Social Security also kept on sending his pensions, and the family also received compensation via the United Nations.

The martyr’s father (the plaintiff’s grandfather) had received all of the aforementioned money as he was regarded as the heir of the martyr and the guardian of his children including the plaintiff, who was not an adult at that time. The plaintiff was supposed to receive his share of the money from his grandfather as soon as he turned 21.

When he went to Public Authority for Minor Affairs to receive his share of his father’s salary, pension and compensation, he was shocked to discover that his grandfather had received the entire money since he was the guardian, and there was no money for him.

Since his grandfather is dead, the plaintiff demanded the money owed to him should be paid by his grandfather’s heirs, filing a case against the latter as well as the aforementioned state bodies and senior offi- cials. The plaintiff counsel Lawyer Nasser Al-Sarheed stressed the need for the heirs to pay his client’s share, supporting his request with official documents.

Ruling overturned: The Misdemeanor Section in the Court of Cassation overturned the ruling of the lower court, which imposed KD200 fine on two Kuwaitis for taking advantage of female compatriot in need of financial assistance to engage in usury. The higher court acquitted the defendants of usury and forgery of official document. The Public Prosecution said the defendants allegedly betrayed trust of the woman by making her sign on a blank paper and later wrote on it an amount different from what they agreed upon, which was presented to court.

They used the signature to demand for payment of the amount written on paper against her will or consent. According to the defendant’s lawyer, Attorney Ali Al-Wawan, his clients denied the allegation. He explained that the woman borrowed KD30,000 upon which she wrote her name and affixed her signature. She failed to pay the loan when due so a case was filed against her. The lawyer argued that his clients did not act against the law and there was no proof to contradict this claim. Earlier, the Court of First Instance sentenced the defendants to three months in prison with hard labor, while the civil aspect of the case was referred to the concerned court.

By Jaber Al-Hamoud Al-Seyassah Staff

This news has been read 7749 times!