On 9th October 2017, the Court of Cessation overturned the judgment of the Court of Appeal, as the sub-appeal was rejected while the original appeal w Founder Of Legal Challenges Group - Boutique Law Firm & International Magazine . AREEJ HAMADAH


The Attorney/ Areej Hamadeh, in her capacity as an agent of the Appellant, explained in a statement that she had filed her lawsuit starting with keeping the Defendants under the obligation of payment of an amount of (only one million, three hundred ninety-four thousand, four hundred and fifty-nine dinars and 854 fils) on the basis that their legator has issued to them a documented notarized official declaration from Ministry of Justice in which he assigns by virtue of the declaration thereto all the property, under his possession, money, real estate, movable property inside and outside Kuwait and following the death of their testator, they were surprised that one of the testator’s brothers has concluded exit contracts between him and their legator on his shares in many real estate two months before the testator’s death which occurred without any paid amounts, then my principals filed an initial claim that was rejected and then appealed which supported first instance ruling with rejection of the appeal as well as upholding the appealed judgment. This judgment was unfair to my principals; therefore, I appealed the judgment before court of cassation due to several reasons, the most important of which are the invalidity of the appealed judgment while the second reason is the violation of the right of defense and the third reason is deficiency in reasoning. The fourth reason is violation of the law and the error in its application. In light of this and referring to what is set forth in statement of claim before the court of cassation, hence, the judgment rendered by the court of cassation was in favor of our principals. As set out in the grounds of judgment, lawsuits are determined as per final requests that specify the scope of the case as we have provided in our statement of appeal, where the court of cassation has abolished the judgment of appeal based on the most important reason set forth in our statement of appeal, where the Court of Cassation confirmed the right of my principals in their case and to re-issue a judgment obligating the appellee to make payment for my principals in an amount of (only one million, three hundred ninety-four thousand, four hundred and fifty-nine Kuwaiti dinars and 854 fils), as well as keeping them under obligation to pay expenses and five hundred Kuwaiti dinars as actual attorney fees.


The Kuwaiti attorney, Areej Hamada, stated that she is very happy with her achievement after obtaining a final judgement. As she had pleaded before the Court of Cassation and submitted a memorandum of defense and a docket of documents containing all the documents confirming the proof and truth of her clients’ withdrawal from the property inherited in the face of opponents. This has resulted in their entitlement in exchange for this withdrawal, which has been proven by the accounting expert assigned by the Kuwaiti Ministry of Justice. This does not prejudice what is established by documents that the third appellant has issued a check in this amount to the client's testator. It is established from the case documents that her clients did not receive this amount in exchange for withdrawal or the check issued in this regard.


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