Background

A bureau filed a case against defendants requesting that the court dismiss an action made by the second defendant against the state in accordance with Kuwait Law No. 41/1993.

The court ruled that the case be dismissed due to the statute of limitations.

The bureau appealed and the appeal court dismissed the mentioned action.

The second defendant appealed by cassation.

Decision

Before the cassation court the second defendant argued that the ruling had erred in the application of law and had insufficient evidence of causation as it had maintained before the court that the case should be dismissed as the bureau filed it one year after the issuance of a bankruptcy ruling against it.

The court held that this argument was invalid as the case documents revealed that the second defendant had committed an act against the real estate owned by the first defendant (his wife) and thus had no right to exploit the bankruptcy ruling under the Kuwait Commerce Law, Kuwait Law No. 60/1980 as this ruling had nothing to do with the case.