KCC 503/2003/1
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
General Pensions Law, Litigation Procedure & Practice, General Welfare, Housing & Social Security Law
Copyright
LexisNexis
Decision date
14 Feb 2005
Catchwords
Pension – Litigation Procedure – Social Insurance
This case involved a request for a pension date to be changed and full retirement salary to be paid. The court rejected the case as it came under Kuwait Law No. 61/1976 and as such a written claim should have been made to the General Institution of Social Insurance before beginning litigation.
Background
A claimant filed a case against two defendants and requested the court to order them to amend the due date of pension and pay him the full retirement salary with differences.
The court stated it would not consider the case because it had been previously settled.
Decision
The claimant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had insufficient evidence of causation and stated the court had established its ruling based on the argument that the case had been previously settled although the current case had different reasons and a different subject from the previous case.