KCC 761/2003

This case involved a request for a decision to be dismissed. It was wrongly argued the court had based its decision on the fact the claimant had resigned because he had failed to receive an academic offer and the claimant stated he had not consented to the resignation. This was irrelevant as the evidence showed the claimant had proposed the resignation.

Background

A claimant filed a case against a defendant and requested the court to dismiss Kuwait Decision No. 151/2000.

The court rejected the case.

The claimant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The claimant appealed the ruling before the court of cassation and stated in his grounds of appeal that the ruling had erred in the application of law because the court had established its ruling based on the argument that the claimant had resigned because he had failed to receive an academic offer although the court had ignore that the resignation had been without his consent.

The court stated this argument was invalid because the case documents revealed that the claimant had proposed his resignation to the defendant and the defendant had accepted this resignation.