Background

A claimant filed a case against an institution requesting that the court order it to dismiss a decision which registered his insurance in the wrong category and pay his salaries and compensation.

The court stated it had no mandate to consider the case and referred it to the appeal court.

The appeal court rejected the case.

The claimant appealed by cassation.

Decision

Before the cassation court the claimant argued that the ruling had erred in the application of law and contradicted material documentary evidence as he had requested that the court appoint an expert to review the case but the court ignored this request.

The court stated that this argument was invalid as the court had concluded that the claimant was a merchant and therefore fell under Article 53 of the Kuwait Insurance Law. The court stated that the case documents revealed that the claimant was not an employee who had a working relationship with the institution.

The court therefore dismissed the appeal.