Background

A claimant filed a case against two defendants requesting that the court order the defendants to pay the remaining value of his severance pay.

The court held that the claimant had no right to claim the mentioned amount due to the statute of limitations.

The claimant appealed and the appeal court ruled that the first defendant pay the claimant 3476 Dinars.

The first defendant appealed by cassation.

Decision

Before the cassation court the first defendant argued that the ruling had erred in the application of law as the claimant had filed his case one year after reaching a final settlement with the defendant.

The court held that this argument was invalid as Article 21 of the Kuwait Law of Civil Service, Kuwait Law No. 15/1979 stipulates that the period of the statute of limitations commences one year after the claimant has knowledge of the due date or five years from the due date.

The court therefore dismissed the appeal.