Court of Appeal orders citizen to pay KD 236,000 to his brother
The Court of Appeal ruled to compel a citizen to pay KD 236,000 to his brother, affirming the validity of relying on witness testimony to prove debt between relatives.
Translated by Qiyas from السياسة — Original source
The Court of Appeal ordered a citizen to pay his brother 236,000 dinars, after overturning the first-instance court’s ruling that had dismissed the financial claim and establishing a judicial precedent concerning the proof of indebtedness between siblings.
The appellant’s representative, lawyer Musaedah Abdullah Awad, stated that the court concluded her client was entitled to the claimed amount and rejected the defense arguing the absence of the principle of written proof.
Awad clarified that the court affirmed the permissibility of relying on witness testimony when a moral impediment prevents obtaining written evidence, taking into account the nature of the relationship between the disputing parties and the surrounding circumstances.
She emphasized that the judgment highlights the importance of considering the nature of relationships among the parties to the dispute when evaluating means of proof, particularly in financial cases among relatives.