Background

A claimant filed a case against a defendant and requested the court to appoint an expert in order to calculate the dues the defendant owed him.

The court appointed an expert and then ruled the defendant should pay the claimant 37013.333 Dinars.

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 violated the law because the claimant was not a Kuwaiti citizen and he had not amended his details until the Iraqi withdrawal from Kuwait and so he did not deserve his salaries for the period of occupation.

The court stated this argument was invalid because the Kuwait Decision No. 10/1991 of the Council of Ministers stipulated that the citizens of GCC contries who were appointed after the Iraqi withdrawal from Kuwait had the right to receive their salaries. The court stated the claimant was a Saudi citizen and he was in his position on 02/08/1990.