KCC 292/2011
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Armed Forces, General Employment & Labour Law, Civil Evidence, Pay, Benefits & Tax
Copyright
LexisNexis
Decision date
26 Mar 2012
Catchwords
Military – War – Bonus – Employee – Rank – Evidence - Expert
This case involved a request for an expert to be appointed to confirm an individual's dues. The key issue was that this award was not due below a specific rank.
Background
A claimant filed a case against defendants and requested the court to appoint an expert to determine his dues as stipulated by the decision of Kuwait Ministerial Decision No. 495/2008.
The court ruled that the defendants should pay the claimant 23454 Dinars.
The defendants appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision
The defendants appealed the ruling before the court of cassation and stated in their grounds of appeal that the ruling had erred in the application of law and stated the mentioned decision had stipulated that officers who deserved the relevant award should be of the rank of colonel.
The court stated this argument was valid.
The court repealed the ruling.