Kuwait Court of Cassation principle number 4361

Actions of ascertainable value. Are subject to a proportional fee. Actions of unascertainable value. Are subject to a fixed fee. - Impossibility of assessing the value of an action. Its implication. It is deemed to be of unascertainable value. The effect thereof. It is subject to a fixed fee. Article 5 of Judicial Fees Law No. 17 of 1973. - The thing in dispute in an action for the liquidation of a company is the total assets of the company whose liquidation is sought, at the time liquidation is requested. The reason: liquidation is nothing other than a division of assets among the partners. The value of these assets is what constitutes the subject of the dispute between the litigants. - Assessment of the value of an action for the liquidation of a company. Its basis is the value of the partners’ assets. Its implication: the action is deemed to be of ascertainable value and subject to the proportional fee, being the fee due on the value of the company’s assets existing at the time liquidation is requested and intended to be divided. Example.