Background

A claimant filed a case against a ministry requesting that the court order the ministry to pay his salaries.

The court ruled that the ministry pay the claimant 30507.5 Dinars.

The ministry appealed and the appeal court upheld the ruling.

The ministry appealed by cassation.

Decision

The court of cassation raised the issues relating to the general system and stated that Articles 112 and 116 of the Kuwait Pleadings Law, Kuwait Law No. 38/1980 stipulates that the judge who did not listen to the pleading cannot participate in the issuance of the ruling or in signing its draft.

The court of cassation stated that one of the judge had listened to the pleading but his name was not included in the original copy of the ruling.

The court therefore repealed the ruling.