KCC 912/2004

This case involved a request to dismiss certain decisions and make a status settlement. It was wrongly argued that this should have been treated as a cancellation case not a settlement case so it would have had different deadlines and procedures. This appeal was rejected as it had only been taken to fulfil the defendant's 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 his status according to Kuwait Law No. 53/2001.

The court ruled that this decision should be dismissed along with the settlement made for the claimant.

The defendants appealed the ruling before the court of appeal. The court upheld the appealed ruling.

The defendants appealed the ruling before the court of cassation and said in their grounds of appeal that the ruling had erred in the application of law because the court had established its ruling upon the argument that the case of the claimant was a settlement case which should not be restricted with the deadlines and procedures when the case was a cancellation case.