Bank ordered to pay KD 5,001 to citizen for not listing name in fund

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KUWAIT CITY, April 17: The Administration Court ordered a bank to pay KD 5,001 as temporary settlement to a Kuwaiti citizen for failing to list his name in the Family Support Fund. Representing the citizen was Lawyer Abdulaziz Al-Banwan, who said his client received KD 20,000 from the bank as purchase loan which is governed by the Islamic financing structure known as “murabaha” and has a specific interest.

In his submission, Lawyer Al-Banwan explained that his client was consistent in paying the loan installments as agreed with the bank. When the Family Support Fund was announced, he approached the bank to notify it to list his name in the fund, which is aimed to help people who have trouble settling their loan dues.

However, after several attempts to urge the bank to list his name, the bank refused and maintained it has the power of the attorney to reject listing his name in the fund. Lawyer Al-Banwan indicated that the bank intended to establish a section for dealing with transactions based on Islamic financing structure and to transfer his loan to that section. He revealed that the bank, in reality as per the documents signed by his client, did not have power of attorney from his client to refuse listing his name in the fund, which meant the bank might have forged it.

Ruling nullified: The Misdemeanor Court of Appeal nullified a previous ruling that sentenced a Kuwaiti businesswoman in absentia to one year in prison with hard labor over the allegation of defrauding and cheating a compatriot. The court subsequently acquitted her. The Public Prosecution charged the woman for cheating a compatriot when she rented out a company car to her on the basis of ‘hiring to ownership’, which means that ownership of the car should be transferred to the renter at the end of the contract duration. However, the accused reneged on the agreement at the appointed time. Defense Lawyer Elaf Al-Saleh argued that her client neither met her accuser physically nor sign an agreement with her, citing the content of the petition and statements of the complainant. She declared that somebody else had signed the agreement with the woman.

Man, woman acquitted: The Criminal Court has acquitted a Kuwaiti woman of alleged possession and smuggling of hashish and heroin from Amsterdam for the purpose of consumption. During the cross examination, the woman explained that she was about stamping her passport at the Arrival Hall when a customs officer said she wore a blouse with an inscription “Amsterdam” and coming from the Netherlands. The officer searched her luggage and found some food supplements. He ignited one of the capsules and declared it heroin, insisting on his personal opinion.

However, a customs inspection officer affirmed the woman arrived from Amsterdam on that day and he noticed that she was a bit jittery, so he urged a colleague to check her baggage.

The officer found the drug inside her luggage but nothing incriminating was found in the bags carried by two other women accompanying her. In his defense, Lawyer Ali Al-Wawan argued that the process of searching his client was wrong and the outcome of that process should be discountenanced. He added the allegation against her client could not be proven beyond reasonable doubt.

Meanwhile, the Misdemeanor Court acquitted a Kuwaiti citizen who was accused of offending the staff members of a dental clinic via social media. The Public Prosecution charged the citizen with misusing social media to insult the employees of a dental clinic and also misusing a smartphone for the purpose. The defense counsel Lawyer Khalid Mubarak said his client’s post represents a form of criticism that is aimed for the interest of patients, adding that it did not contain any insults. The court agreed that the post is regarded as constructive criticism despite the use of tough phrases.

By Jaber Al-Hamoud Al-Seyassah Staff

This news has been read 6187 times!

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