Court Ordered A Fraud Company To Pay KD 1.395M Compensation
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The Civil Circuit at the Court of Cassation ordered a company to pay KD 1.395 million in compensation to a Kuwaiti man who bought a real estate property and the deed of ownership was revoked. The case file indicated the plaintiff bought a property from a real estate company in Hawalli area and paid the total cost of KD 1.225 million. The plaintiff was surprised when he received title deed and noticed that the company (guarantor) was not the owner of the property. He noted the company only gave him fictitious deed, because it was still paying mortgage to the previous owner.

This prompted the plaintiff to sue the company, and the Court of Cassation ordered the company to refund his money in full KD 1.225 million without compensation. The plaintiff later appealed the ruling, and the Court of Appeal awarded him KD 2.225 million (value of the property) as at the time of judgment. He was not satisfied; thus his representative, lawyer Mubarak Al-Khashab, appealed the second judgment claiming his client deserved more than the sum.

The company also appealed over the mortgage aspect of the case and demanded KD 728,000 (the value of expert assessment) in order to benefit from profit of the sale. The plaintiff counsel countered the claim, saying his client was entitled to the basic fund of KD 1.225 million with compensation commensurate with the current value of the property. The court thereby awarded KD 2.610 million to the buyer and KD 728,000 value of the profit was deducted. Therefore, the plaintiff is now entitled to KD 1.395 million, and the judgment is final and enforceable.



14 Mar, 2018 1 740
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