Appeal Petition Against a Compensation Judgment for a False Report in Kuwait

Many people carry resentment and hostility that may push them to file a malicious (false) report against others.

Kuwaiti law gives you the possibility to file an appeal petition against a compensation judgment for a false report in Kuwait in order to restore your reputation and seek compensation for the harm you have suffered.

Compensation cases require a specialized lawyer. If you have been harmed by a malicious claim, you can consult a qualified attorney; to contact us with one click, tap <a href="https://api.whatsapp.com/send/?phone=%2B96566557772&text=%D8%A7%D9%84%D8%B3%D9%84%D8%A7%D9%85+%D8%B9%D9%84%D9%8A%D9%83%D9%85+%D8%A3%D8%B1%D9%8A%D8%AF+%D8%A7%D9%84%D8%AA%D9%88%D8%A7%D8%B5%D9%84+%D9%85%D8%B9+%D9%85%D8%AD%D8%A7%D9%85%D9%8A+%D9%85%D8%AE%D8%AA%D8%B5&type=phone_number&app_absent=0" target="_blank" rel="noopener">here</a>.

<h2>Compensation for a False Report in Kuwait</h2>

Kuwaiti law allows an affected person to file an appeal petition relating to compensation for a false report in Kuwait.

The aim of such a claim is to restore the right of those who have been harmed because someone filed a malicious lawsuit (a false report) against them.

It should be noted that the purpose of filing an appeal petition for compensation for a false report is not to pursue unlawful gains; rather, the objective is:

<ul>

<li>Restoring reputation and lifting injustice.</li>

<li>Obtaining one’s rights.</li>

</ul>

A false report is considered unlawful under Kuwaiti law, and the law recognizes the right to claim appropriate compensation for anyone harmed by a false and invalid report.

The court will examine the case and, based on the harm suffered, will assess the appropriate financial compensation according to the circumstances and the injustice inflicted on the harmed party.

In many cases, a malicious and unfounded claim may lead to:

<ul>

<li>Termination from employment.</li>

<li>Damage to reputation.</li>

</ul>

To claim compensation and pursue an appeal in such matters, the elements of liability must be present:

<ul>

<li>Damage.</li>

<li>Fault.</li>

<li>Causation.</li>

</ul>

Article (145) of the Kuwaiti Penal Code No. (16) of 1960 provides that:

"A penalty of imprisonment for a period not exceeding two years and a fine not exceeding 150 dinars, or either of these penalties, shall be imposed on anyone who submits to an official competent to receive reports and forward them to the court and the police for investigation, a written or oral report describing an incident or act that would require summoning the accused and imposing a specific penalty, while the reporter knows the report to be false, yet nevertheless proceeds."

</blockquote>

<h2>Appeal Petition Against a Compensation Judgment for a False Report in Kuwait</h2>

On the day … الموافق / /

At the request of Mr. ……… residing in …… and choosing as his elected address the office of Messrs. ……… and ……….

I, ………, process server of the ……… Criminal Court,

have proceeded and served: Mr. ……… residing at ………, addressed with Mr. ………, and notified him of the following:

Subject

Appeal of a judgment issued by the Court of ……..

In case No. ……….. (Civil), issued in the session dated ……/…../……

Since the judgment was not accepted by the Appellant, he appeals it for the following reasons:

<ul>

<li>First: Accepting the appeal in form, as it was filed within the legal time limit pursuant to Article (213) of the Civil and Commercial Procedure Law. The litigation in the case took place in absentia against the Appellant, and the Appellant did not attend any session before the court or the expert.</li>

<li>According to the principles of cassation, Article 163 of the Civil Code provides that any fault that causes harm to another obliges its perpetrator to compensate.</li>

<li>The assessment of damage is left to the trial judge, and cassation jurisprudence has established that determining the fault giving rise to liability falls within the discretionary authority of the trial court.</li>

</ul>

It appears to the court that the judgment of the Court of First Instance suffers from legal invalidity:

<ul>

<li>The Respondent claims compensation in the amount of ……… dinars on the basis of alleged damage due to the Appellant’s alleged arbitrary dismissal, which is contrary to the facts, as the Respondent had previously filed case No. …………. against the Appellant.</li>

<li>The Respondent was previously awarded compensation and the judgment was enforced; therefore, how can he claim additional sums for the same cause? This was not properly disclosed to the Court of First Instance.</li>

</ul>

It is clear that the Respondent is a frequent claimant; after obtaining compensation, he filed another lawsuit registered under No. …………….

The case was dismissed and the dismissal was upheld on appeal No. ………; however, he seeks by any means to financially drain the Appellant.

Nevertheless, the Court of First Instance overlooked these matters, which shows the absence of damage in the first place, as of the year ……… (the date of the alleged dismissal).

Moreover, the Respondent continues to bring claims against the Appellant, and the case should be inadmissible due to res judicata in case No. ……….

Therefore:

I, the aforementioned process server, have gone to the residence of the notified party and delivered him a copy of this notice, instructing him to appear before the Court of Appeal ……… located in ……….

That is at 9:00 a.m. and thereafter on the day …… بتاريخ …../…../….. to hear a judgment accepting the appeal in form,

and on the merits, to cancel judgment No. ………. and dismiss the claim, with costs and attorney’s fees.

<h3>What is an appeal petition?</h3>

It is a petition submitted to request reconsideration of a judgment issued by a court of first instance when the appellant believes the judgment was unfair. It is filed before the Court of Appeal, which may overturn or uphold the first-instance judgment.

<h3>How do you write an appeal petition?</h3>

An appeal statement should include:

<ol>

<li>The appellant’s name, civil ID number (or commercial registration number), and residence address.</li>

<li>The respondent’s name, civil ID number (or commercial registration number), and residence address.</li>

<li>The details of the appealed judgment, the grounds of appeal, and the appellant’s requests.</li>

</ol>

In conclusion, Kuwaiti law provides protection for those harmed by malicious claims by allowing them to submit an appeal petition in compensation cases and by setting legal conditions that must be met for the claim to be accepted.

You may also rely on a specialized attorney to present your case properly and pursue your rights through the correct legal channels.

Appeal Petition Against a Compensation Judgment for a False Report in Kuwait

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