KCC 503/2003
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
General Pensions Law, Armed Forces, Jurisdiction & Choice of Law, Litigation Procedure & Practice
Copyright
LexisNexis
Decision date
14 Feb 2005
Catchwords
Pension – Army – National – Litigation Procedure – Court – Jurisdiction
This case involved a claim for a different in pension. A key element in the dispute was the procedural rules which should have been followed. The claimant had wrongly followed the rules which applied to non-Kuwaiti members of the armed forces.
Background
A claimant filed a case against two defendants and requested the court to appoint an expert in order to calculate the differences in retirement salary and order the defendants to pay accordingly.
The elementary court stated it had no mandate to consider the case and referred it to the court to appeal. The court of appeal stated it had no mandate to consider the case and referred it 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