Constitutional Court Upholds Small-Claims Judgments Without Reasons When the Defendant Stays Silent

Kuwait's Constitutional Court has rejected a challenge to the rule that lets small-claims courts leave out written reasons in some cases. The judgment in Case No. 1 of 2026 (Constitutional), delivered on 16 September 2026, is published in Kuwait Al-Youm Issue 1810, pages A28 to A30, dated 27 September 2026.

The challenge targeted Article 9 of Decree-Law No. 46 of 1989 on small claims, as amended by Decree-Law No. 72 of 2025. Small-claims judgments are final and cannot be appealed. The amended article still requires a brief statement of facts and reasons, but lets the court omit reasons when three conditions are met: the defendant was properly notified, filed no defence memorandum, and the court grants everything the claimant asked for. The same rule appears in Article 115 of the Civil and Commercial Procedure Law. The case arose from an insurer's recovery claim against a motorist.

The Court held that the rule breaches neither the right to litigation, nor equality, nor judicial independence (Articles 166, 29 and 163 of the Constitution). It governs only the form of the judgment: the judge must still examine the evidence and be satisfied the claim is made out. Treating a silent defendant differently from one who contests the claim rests on an objective difference, because there is no defence to answer, and serves the aim of deciding small claims quickly.

WEFAQ's view: the ruling confirms a fast route for uncontested low-value claims, which helps businesses recovering small debts. It also means a defendant who ignores a small-claims summons can face a final judgment with no reasons and no appeal. Anyone served with a small claim should file a defence, even a short one.

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Source: Constitutional Court judgment in Case No. 1 of 2026 (Constitutional), 16 September 2026; Kuwait Al-Youm Issue 1810, pages A28 to A30, dated 27 September 2026.

This article is provided for general information only and does not constitute legal advice. For advice specific to your circumstances, please contact WEFAQ Law Firm.