The 3rd summary appeal chamber, chaired by counsel Ibrahim Al Seif, ruled for cancelling the appealed judgment and ruled anew for discontinuing the execution of the mortgage contract pending decision in the settlement application submitted by the appellant and obliged the first respondent with the expenses and attorney’s fees.
The facts of the case are summarized in that the plaintiff filed it against each of the legal representative of Kuwait Finance House and the legal representative of the Gulf Bank in his capacity, and the execution department manager in his capacity, calling for discontinuing the execution of the mortgage contract concluded with one of the litigants, pending termination of the debt settlement procedures by the managing bank, in implementation of law NO.28/2008 and its regulation in connection with setting up a fund to address the conditions of citizens who defaulted payment of consumer loans and loans on installments, as one of the litigating banks imposed executive attachment on the property of the appellant which he uses as a residence for him and his family, in enforcement of the mortgage contract concluded with him. The appellant submitted an application to the managing bank to settle his debt as per the above law and his application is under investigation, and that selling the property will result in gross irreparable damages.
Fining the complainant
The first instance court ruled for dismissing the case in terms of the subject matter and fined the plaintiff the amount of one hundred Kuwaiti dinar, as well as forfeiting the bail, on the ground that he has submitted an application to the managing bank but has not submitted the procedures taken in connection with this application, although the court permitted him to do so. He challenged the previous judgment by appeal and called for its cancellation. He was attended in front of the Court of Appeal summary chamber by lawyer Ali Al Attar from the office of lawyer Meshari Al Ousaimi, as his attorney and lawyer. He indicated in his pleading the reasons of the appeal which blemished the judgment and explained that the appealed judgment has breached the proofs in the papers, and that it has prejudiced the rights of the appellant. He indicated the aspects of this breach in the papers and ended his claims with cancelling the appealed judgment and ruling anew for discontinuing the enforcement of the mortgage contract pending decision in the application submitted to the managing bank for settlement of the debt of his client.
The court concluded its judgment with the following:
Opening the door
Whereas it is evident to the court from the papers that the appellant has submitted an application to the managing bank according to law No.28/2008 in connection with the funds for addressing the condition of citizens who defaulted repayment of consumer loans according to its 12th article in the settlement application. Whereas this application has not been decided yet and accepting the settlement means assignment of the case exchanged between the indebtedness parties. Therefore, the appellant’s dispute is substantial. Whereas the appealed judgment breached this view, therefore the court ruled for its cancellation and ruled for discontinuing the enforcement of the registered mortgage contract pending a decision n the settlement application Lawyer Ali Al Attar commented on the judgment by stating that this judgment opens the door for all citizens who have already submitted an application according to law No. 28/2008 in connection with the fund for addressing the conditions of citizens who defaulted repayment of consumer loans for the request of protection against any action taken against them by the authorities subject to the law, pending decision in their applications.
