KCC 703/2005
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Litigation Procedure & Practice, Limitation of Actions, General Welfare, Housing & Social Security Law
Copyright
LexisNexis
Decision date
16 Feb 2009
Catchwords
Litigation Procedure – Statute of Limitations – Social Insurance – Committees
This case involved a right to claim social insurance. It was wrongly argued case should be rejected because it was outside the statute of limitations. This was irrelevant as the case had been rejected because the claimant had not made a plea before the relevant committee before filing the case.
Background
An institution filed a case against the General Institution of Social Insurance and requested the court to dismiss Decision No. 50/2004 and rule the defendant had no right to claim their financial dues due to the statute of limitation.
The elementary court stated it had no mandate to consider the case and referred it to the civil department in the court of appeal.
The institution appealed the ruling before the court of appeal. The court stated the institution had no right to appeal the ruling and rejected the case.
Decision