Travel ban lifted on woman wanted in heavy debt case

This news has been read 6791 times!

KUWAIT CITY, June 2: The Court of First Instance presided over by Judge Obaid Al-Osaimi cancelled the travel ban imposed on a Kuwaiti woman who owed money to a group of trading companies. In a petition filed by her counsel Lawyer Khawlah Al-Hassawi, the companies secured a travel ban against the woman in order to stop her from escaping from the country to avoid paying the debt. During the court session, the lawyer stressed that the order was a flagrant abuse of her client’s fundamental rights, considering the fact that there were no sufficient proofs against her. She said the woman is a Kuwaiti citizen who can not flee from the country because of the debt, especially since there are no indications that she could not pay off the debt, for which no deadline was specified. The court based its decision on two cogent reasons – ability to pay the debt and weak proof of fleeing from the country to avoid payment of the debt.

‘Pay for kids needs’: The Temporary Issues Section in the Family Court ordered a citizen to temporarily pay KD 400 monthly for the needs of his four children and to shoulder the legal charges for the case. Case files indicate that Attorney Bushra Al-Hindal filed for a temporary order before the magistrate in the Family Court to oblige the citizen to pay KD 400 monthly for the expenses of his four children while waiting for the final verdict in another case concerning child support. Al-Hindal explained the Family Court’s temporary order law number 22/2015 took effect on March 22, 2015 and it greatly contributed to efforts in expediting court proceedings when it comes to child support cases.

Release ordered: The Petitions Section of the Court of First Instance has ordered the unconditional release of a Kuwaiti who was detained for not paying KD 3,000 debt to a company. The release came after the attorney for the plaintiff Jarrah Al-Shuraikah filed a challenge against detention order on the strength his client was held by the authorities. In seeking the man’s release, the lawyer cited the Constitution and international pacts. He frowned at the idea of releasing his client on condition, because he is a low income earner and has a file at the Zakat House.

Contract nullified: The Court of Appeals, led by Judge Dirar Abdullah Al-Waqayan, established and confirmed an important principle that rules out mortgaging of private real estate property where a debtor and his family reside and it is not allowed to seize the property or to deal with it even if the mortgage is official. This led to the nullification of a mortgage contract for the benefit of Kuwait Finance House (KFH). Case files indicate that on behalf of his client, Attorney Hisham Abdulaziz Al-Fahd requested for cancellation of the certified mortgage. He argued that Article C/2016 of the Procedures of Law prohibits seizure of a private real estate property owned by a Kuwait debtor if the area is less than 1,000 square meters and occupied by the debtor and his family prior to obtaining the loan. Therefore, a property that cannot be seized should not be mortgaged.

By Jaber Al-Hamoud Al-Seyassah Staff

This news has been read 6791 times!