KCC 727/2003
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
General Administrative Law & Judicial Review
Copyright
LexisNexis
Decision date
1 Nov 2004
Catchwords
Administrative Law – Decision Dismissed
A claimant asked for a decision to be dismissed and it was but the defendant appealed. It was wrongly argued on the basis of Appendix No. 2 of the National Assembly No. 419/1995 that the ruling had erred. This was a temporary decision and it was not relevant to the claimant's appointment.
Background
A claimant filed a case against a defendant and requested the court to order the defendant to dismiss Kuwait Decision No. 138/2001.
The court ruled that the decision should be dismissed.
The defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision
The claimant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law and stated the court had established its ruling based on the Appendix No. 2 of the National Assembly No. 419/1995 although this appendix was a temporary one and it had already terminated.