Background

An employee filed a case against two defendants requesting that the court appoint an expert to calculate his dues.

The court ruled that the defendants pay the claimant 3554 Dinars.

The defendants appealed and the appeal court upheld the ruling.

The defendants appealed by cassation.

Decision

Before the cassation court the defendants argued that the ruling had erred in the application of law as the contract should have been dismissed under Article 190 of the Kuwait Civil Law, Kuwait Law No. 38/1980.

The court held that this argument was invalid as Article 190 of the Civil Law stipulates that if one point of the contract is illegal, the remaining points of the contract should not be considered illegal.

The court therefore dismissed the appeal.