Background

An employee filed a case against defendants requesting that the court order them to pay his dues under a fellow fund he had subscribed to.

The court ruled that the defendants pay the employee 7914.013 Dinars.

The defendants appealed and the appeal court suspended consideration of the appeal.

The employee appealed by cassation.

Decision

Before the cassation court the employee argued that the ruling had erred in the application of law as the court had suspended consideration of the case without justifying such action.

The court held that this argument was valid as Article 90 of the Kuwait Pleadings Law, Kuwait Law No. 38/1980 stipulated that the issue upon which consideration is suspended should be necessary to settle the dispute. The court stated that the lower court had failed to provide reasons for its decision to suspend consideration of the case.

The court therefore repealed the ruling.