| Date | 23 March 2023 |
| Name of Listed Company | Agility Public Warehousing Company K.S.C.P (“Agility”) |
| Case Electronic Number | 160848300 |
| Case Number | 1- Cassation No. 3593/ 2020 Administrative Cassation / 6 filed by Agility, requesting the cancellation of the appealed judgment and re-judging the forfeiture of the right to claim.
2- Cassation No. 3547 of 2020 Administrative Cassation / 6 filed by the Public Authority for Industry with a request to compel Agility to pay legal interest on the amount of 7% from the date of 6/1/2007 until the amount is paid. |
| Case Subject | A case was filed by the Public Authority of Industry (PAI) against Agility where PAI requested to compel the Company to settle the amount of KWD 2,061,456/500 (Two Million and Sixty One Thousand and Four Hundred Fifty Six Dinars and Five Hundred Fils), with its legal interest from 6/1/2007 until the date of payment on the ground that the amounts received by the company from the tenants in the locations number (1 and 2) in Mina Abdullah area after a decision was issued terminating the contracts on 6/1/2007. |
| Judgment Date | 21 / 03/ 2023 |
| Court Issuing the Judgment | Court of Cassation |
| Case Parties | General Director of the Public Authority of Industry
Agility Public Warehousing Company K.S.C.P |
| Judgment in Favor | General Director of the Public Authority of Industry in his capacity |
| Content of Judgment of Court of First Instance | The court of first instance issued a judgment to the loss of the right of the claimant to file the claim by the three years statute of limitation and exempted the claimant from the expenses and compelled the claimant to settle KWD 100 as actual attorney’s fees. |
| Content of Appeal Decision | The court of appeal resolved to accept the appeals in form and in substance to cancel the appealed judgment and to resolve again to compel the appellee in appeal No. 455 of 2020 (Agility) to settle the amount of KWD 2,061,456/500 (Two Million and Sixty One Thousand and Four Hundred Fifty Six Dinars and Five Hundred Fils), and to reject the remaining requests and to compel the appellee to settle the adequate expenses for the 2 degrees of litigation and to settle the amount of KWD 30 as attorney’s fees and the expenses of the appeals. |
| Court of Cassation Decision | The court decided in the counseling Chamber not to accept the appeals, and exempted the authority from expenses and obligated the appellant in appeal 3593/ 2020 Commercial to pay the expenses of the appeal with the confiscation of the bail, and obligated the appellant in all appeals an amount of twenty dinars in exchange for attorney’s fees. |
| Expected Effect on the company | This judgment is subject to immediate enforcement, which means Agility will be obligated to pay an amount of KD 2,061,456.500, as and when the Public Authority of Industry requests the implementation of this ruling. |