Background

Heirs of a deceased employee filed a case against a company requesting that the court order it to pay their father's salaries.

The court ruled that the company pay the heirs 869.743 Dinars.

The heirs and company appealed and the appeal court ruled that the company pay the heirs 3139.389 Dinars.

The company appealed by cassation.

Decision

Before the cassation court the company argued that the ruling had erred in the application of law as the court rejected its argument that the heirs had no right to appeal the ruling due to the lack of quorum.

The court held that this argument was valid as Article 138 of the Kuwait Pleadings Law, Kuwait Law No. 38/1980 stipulated that the disputed parties have no right to appeal the final ruling issued by the elementary court except in certain circumstances. The court stated that the heirs did not meet such circumstances when they filed their appeal.

The court therefore repealed the ruling.