KCC 201/2005

A case involved a dispute between a claimant and defendant over the payment of his dues.

Background

A claimant filed a case against a defendant requesting that the court appoint an expert to calculate the dues the defendant owed to him.

The court referred the case to the administrative department which rejected the case.

The claimant appealed and the appeal court validated the claimant's right to receive the mentioned dues.

The defendant appealed by cassation.

Decision

Before the cassation court the defendant argued that the ruling had insufficient evidence of causation as he had maintained before the court that the claimant had no Kuwaiti citizenship when he filed the case and thus Decision No. 10/1991 should not have been applied to the case.

The court held that this argument was invalid as the mentioned decision stipulated that employees who worked during the Iraqi occupation should receive their salaries for this period, including Kuwaiti employees and employees from the states of the Gulf Cooperation Council. The court stated that the claimant was a Saudi Arabian citizen and thus deserved to receive his dues.

The court therefore dismissed the appeal.