KCC 387/2005/1
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Appeals, Civil Courts, Termination of Employment, Pay, Benefits & Tax, Rights & Duties of Employees & Employers, Civil Evidence, Litigation Procedure & Practice, General Pensions Law
Copyright
LexisNexis
Decision date
7 Jun 2006
Catchwords
Appeal – Judgment – Legal Power – Court – Severance Pay – Employee’s Rights – Pension – Evidence – Expert - Litigation
This case involved a request for an expert to be appointed to validate if there was a right to receive a pension rather than severance pay. The case was rejected as the correct plea procedures had not been followed and a new case was filed with the same request. The court stated that this ruling gained legal power and so the two parties had no right to consider the issue again.
Background
Claimants filed a case against a defendant and requested the court to appoint an expert in order to validate their right to receiving a retirement salary instead of severance pay.
The court stated it had no mandate to consider the case and referred the case to the court of appeal which rejected it because the claimant had not made a plea first.
The first claimant made a plea before the committee of the pleas. The committee rejected his plea.
The first claimant filed a new case with the same requests.
The court referred the case to the civil department in the plenary court which rejected the case.
The claimant appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision