KCC 309/2002
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Jurisdiction & Choice of Law, General Administrative Law & Judicial Review, General Civil Procedure & Administration of Justice
Copyright
LexisNexis
Decision date
3 Feb 2003
Catchwords
Dismissal of Decision – Court Restricting Itself to Parties’ Requests – Court Authority to Consider Requests
A case involved a dispute between a claimant and defendant over the dismissal of a decision.
Background
A claimant filed a case against the Kuwait Municipality requesting that the court dismiss a decision and appoint him as a survey inspector.
The court ruled that the decision be dismissed.
The defendant appealed and the appeal court upheld the ruling.
The defendant appealed by cassation.
Decision
Before the cassation court the defendant argued that the ruling had erred in the application of law as the court failed to restrict itself to the claimant's requests.
The court held that this argument was invalid as the court has the authority to consider the requests made by the disputed parties.
The court therefore dismissed the appeal.