KCC 361/2005
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Appeals, Litigation Procedure & Practice, General Civil Procedure & Administration of Justice
Copyright
LexisNexis
Decision date
28 Mar 2006
Catchwords
Appeal – Status Settlement – Settlement Case – Cancellation Case – Litigation Procedures
This case involved a request for a decision to be dismissed and a settlement of status made. It was stated it was wrongly assumed this was a settlement case which would not be restricted with deadlines and procedures when it was actually a cancellation case. However, this argument was incorrect as the appeal made by the defendant only fulfilled their theoretical interest.
Background
A claimant filed a case against the defendants and requested the court to dismiss Kuwait Decision No. 5/2002 and Kuwait Decree No. 84/2002 and to make a settlement for their status according to Kuwait Law No. 53/2001.
The court ruled that the decision should be dismissed and a settlement made for the claimant should also be dismissed.
The defendants appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision