Kuwait Court of Cassation principle number 4349

Assessment of the fee. What matters is what the plaintiff seeks in the statement of claim. His amendment of the claims during the proceedings. What matters for its assessment is the amended claims as the final claims. - Initially bringing the action seeking appointment of an expert, which is a claim of unassessed value. Amending the claims to partition between the co-owners by liquidation. Its effect. A fixed fee must be imposed thereon. Article 9, Law 17/1973 concerning judicial fees. The challenged judgment’s subjecting the action to a proportional fee and upholding the challenged fees order. An error in the application of the law requiring its cassation.