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Sunday , November 18 2018

Land dispute case dismissed

KUWAIT CITY, March 8: The Civil-Commercial Circuit at the Court of First Instance dismissed a lawsuit filed by a Kuwaiti man against his brother demanding the value of local and international real estate the two of them inherited from their late father, which is under care of the latter. The case file indicated the defendant sold some of the properties and rented out others, noting he was receiving rents from tenants with the knowledge of all heirs. The defendant has a valid power of attorney to manage the estate locally and internationally and the plaintiff was only sensitive to large size of profits accruable from the estate, so he wanted his brother to render account of the estate registered in his name. Lawyer Khawlah Al-Hasawi, in his defense argued that ownership of the estate had been transferred to her client. She said this was proven by deduction of the value of sale from her client’s bank deposit. She reiterated her client gave his bank payment order in favor of the late father, so the plaintiff had no contrary proof to substantiate his case.

Ruling overruled: The Court of Appeals overturned a verdict issued by the Court of First Instance which sentenced an individual to seven-year imprisonment for allegedly issuing fake bank cheques and obtaining money using them. The court affirmed that a final verdict on this case was previously issued, and as per the law, a ruling cannot be issued for a case for which a final verdict was issued. In response to a complaint filed by a Kuwaiti company, the Public Prosecution had charged the suspect of issuing fake bank cheques to the company. The defense counsel Lawyer Dr Khalid Al-Kafifa presented documents at the court to support his defense, referring to Article No. 184 of the Procedures Act. He stressed that no cases can be filed for an issue if a final verdict was passed for a previous case on that issue, even if the description of the actions was changed.

By Jaber Al-Hamoud Al-Seyassah Staff

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