KCC 218/2005/1
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Further & Higher Education, General Administrative Law & Judicial Review
Copyright
LexisNexis
Decision date
16 May 2006
Catchwords
Higher Education – Administrative Decision – Settlement
This case involved a request to dismiss a decision on equivalency of a higher education qualification. It was wrongly claimed the court had rejected the case because the administrative decision did not exist although the court could consider the case as a settlement case. This was not the case as the administrative decision had legal effects.
Background
A claimant filed a case against a defendant and requested the court to dismiss a decision issued by the department of certificate equivalency and to consider his degree a PhD.
The court ruled the decision should be dismissed.
The defendant appealed the ruling before the court of appeal. The court abandoned the appealed ruling and rejected the case.
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 rejected the case based on the argument that the administrative decision did not exist though the court could consider the case as one of the settlement cases and settle the dispute accordingly.