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Court restores citizens’ rights, rejects bank guarantee instruments misuse in debt issue

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KUWAIT CITY, June 24: In a landmark ruling, the Commercial Circuit of the Court of Cassation has established a pivotal legal precedent by overturning a prior appellate judgment in favor of a Kuwaiti citizen. The appellant was represented by legal counsel Dr. Fawaz Khaled Alkhateeb of Taher Group Law Firm Co. The court affirmed the necessity of crediting all amounts previously repaid under a loan arrangement and rejected the notion that bank guarantee instruments can serve as standalone sources of debt obligation.

Dr. Fawaz Khaled Alkhateeb of Taher Group Law Firm Co.

The court held that the true nature of the relationship between the parties was a loan agreement and that all associated instruments, such as promissory notes and declarations, constitute evidentiary tools within the framework of that primary contract. Accordingly, any payments already made must be duly deducted when calculating the remaining debt. The court further emphasized that failure to recognize the repayments made by the borrower constitutes a serious violation of the right of defense and a fundamental legal error affecting the integrity of the judgment, thus warranting its annulment.

It ruled that the financial institution is obligated to reassess the indebtedness in light of the amounts proven to have been repaid, thereby applying the principles of economic justice and prohibiting unjust enrichment. Commenting on the ruling, Dr. Fawaz Alkhateeb stated, “This decision reinforces judicial safeguards against the misuse of bank guarantee instruments and ensures that individuals’ financial rights are not undermined under the guise of formalities.”

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Kuwait Municipality Impounds 10 Illegal Food Trucks in Farwaniya

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KUWAIT CITY, Oct 22: The Kuwait Municipality, through the General Cleanliness and Road Occupancy Department in Farwaniyah Governorate, carried out an inspection campaign that resulted in the removal of 10 non-compliant mobile food trucks. The vehicles were found violating municipal regulations and were subsequently transferred to the impound site for further legal action. The campaign comes as part of ongoing efforts to enforce public health and safety standards and ensure adherence to licensing and operational requirements across the governorate.

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Man Runs Over Officer, Crashes Into Patrols During Chase

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KUWAIT CITY, Oct 21: A young man in his thirties has been detained at the Jabriya Police Station following a dramatic incident in which he allegedly ran over a police officer and crashed into two patrol vehicles — one belonging to the Rescue Forces and the other to the Public Security sector. The suspect is now under investigation for drug-related offenses and will be referred to the General Department for Drug Control (GDDC) to determine whether he was involved in trafficking or is merely a user.

According to a security source, the operations room received a report about an individual using narcotics inside his vehicle in the Jabriya area. A rescue patrol from Hawalli, led by a police lieutenant, was immediately dispatched to the scene. Upon the officer’s arrival, the suspect suddenly accelerated his vehicle, running over the lieutenant and deliberately ramming the patrol car that had been positioned to block his escape.

The source added that the suspect fled the scene, prompting the dispatch of multiple backup patrols to pursue him. During the chase, the suspect collided with a Public Security patrol car, causing significant damage. He was eventually subdued and arrested.

Upon inspection, officers found the man to be in an intoxicated state, incoherent, and unable to speak properly. A search of his vehicle uncovered several bags containing heroin, along with other used bags showing remnants of the same substance. The suspect and the confiscated items have been referred to the competent authorities for further investigation to identify the source of the narcotics and determine whether the man was acting as a dealer or a user.

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Asian Expat Dies After Being Run Over by a Kuwaiti

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KUWAIT CITY, Oct 21: An Asian expatriate in his forties was fatally run over yesterday morning by a car driven by a Kuwaiti citizen in his thirties, in a tragic road accident near Jaber Al-Ali.

According to a security source, the Ministry of Interior’s operations room received an urgent report early yesterday from the same citizen, who informed authorities that he had struck a person while driving. Rescue police and ambulance patrols were immediately dispatched to the scene.

Upon arrival, officers found that the expatriate had been crossing the road when he was hit, sustaining fatal injuries. The driver told authorities that he was taken by surprise and could not avoid the collision.

A forensic evidence officer and a forensic doctor were called to the site to examine the scene. Following their assessment, the expatriate’s body was transferred to the appropriate medical facility for post-mortem procedures.

Authorities are continuing their investigation to determine the exact circumstances of the incident.

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