KCC 911/2004
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
General Civil Procedure & Administration of Justice, Appeals, Remedies
Copyright
LexisNexis
Decision date
14 Mar 2006
Catchwords
Appeal - Settlement Case – Cancellation Case – Civil Procedure – Theoretical Interest
This case involved a request by a claimant that certain decisions be dismissed and there be a settlement of their status. It was wrongly argued the court had treated this case as a settlement case when it was actually a cancellation case which would have meant it was subject to different deadlines and procedures. This was irrelevant as the defendant's appeal had only been to fulfil 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 of his status according to Kuwait Law No. 53/2001.
The court ruled that the decision should be dismissed as should the settlement made for the claimant.
The defendants appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision