KCC 255/2006
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
General Employment & Labour Law, General Administrative Law & Judicial Review
Copyright
LexisNexis
Decision date
20 Jan 2009
Catchwords
Dismissal of Decision – Promotion – Misunderstanding of Case – Cancellation Case – Settlement Case
A case involved a dispute between a claimant and defendant over the dismissal of a decision.
Background
A claimant filed a case against a defendant requesting that the court dismiss a decision which deprived him of promotion.
The court rejected the case.
The claimant appealed and the appeal court upheld the ruling.
The claimant appealed by cassation.
Decision
Before the cassation court the claimant argued that the ruling had erred in the application of law as the court had misunderstood the case as it assumed the case was a cancellation one, but it was a settlement case.
The court held that this argument was invalid as the case documents revealed that the claimant's case did not include an appeal against a certain decision.
The court therefore dismissed the appeal.