Background

An employee filed a case against a company requesting that the court order it to pay his salaries.

The court ruled that the company pay the employee 37437.21 Dinars.

The employee and company appealed and the appeal court ruled that the company pay the employee USD 37437.21.

The company appealed by cassation.

Decision

Before the cassation court the company argued that the ruling had erred in the application of law as it had requested that the court make a final clearance between the parties but the court ignored this request.

The court stated that this argument was invalid as the request for final clearance should be made according the procedures under Article 85 of the Kuwait Pleadings Law, Kuwait Law No. 38/1980 and the company had no right to make such a request for the first time before the appeal court.

The court therefore dismissed the appeal.