KCC 488/2004
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Litigation Procedure & Practice, General Welfare, Housing & Social Security Law, General Insurance Law, General Succession Law & Estate Planning
Copyright
LexisNexis
Decision date
13 Jun 2005
Catchwords
Inheritance – Social Insurance – Court Jurisdiction – Litigation Procedures – Statute of Limitations
This case involved a request by a woman for a decision by the General Institution of Social Insurance that her husband's salary be distributed to his heirs be overturned. A key issue was which litigation procedures applied in this case and which court had jurisdiction. However, as the case had been filed outside the statute of limitations for the litigation procedures which were being followed it was rejected.
Background
A claimant filed a case against the General Institution of Social Insurance and requested the court to dismiss a decision by the institution which had distributed her husband's salary to his heirs.
The court stated it had no mandate to consider the case and referred it to the court of appeal. The court of appeal stated it had no mandate to consider the case and referred it again to the plenary court which rejected the case.
The claimant appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision