Background

The Ministry of Interior filed a case against a defendant and requested the court to order the defendant to pay an amount of money. The ministry stated it had mistakenly paid this amount to the defendant when they reached a final settlement.

The court ruled the defendant should pay the ministry the amount.

The defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The defendant 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 that he maintained before the court that the ministry had no right to claim the amount due to the statute of limitations according to Article 21 of Kuwait Law No. 15/1979.

The court stated this argument was valid because the ministry had filed its case five years after the payment of the dues.

The court repealed the ruling.