KCC 142/2009
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Contract & Conditions of Employment, Termination of Employment, Litigation Procedure & Practice, Limitation of Actions, General Administrative Law & Judicial Review
Copyright
LexisNexis
Decision date
9 Jun 2015
Catchwords
Contract – Termination of Service – Grant – Litigation Procedure – Statute of Limitations – Administrative law - Terms
This case involved a claim for dues following the termination of service. The key point was whether the case had been impacted by the statute of limitations. As the relationship between the parties was a contractual one, contract terms should apply not Article 263 of the Civil Law.
Background
A claimant filed a case against defendant and requested the court to order the defendant to pay him amount of money in addition to a stipulated grant. The claimant stated he had not receive all his dues and the grant when he finished his service.
The defendant requested the court to order the claimant to pay amount of money.
The court ruled that the defendant should pay the claimant 10408 Dinars.
The claimant and the defendant appealed the ruling before the court of appeal. The court changed the appealed ruling and ruled the claimant should pay 22936.599 Dinars.
Decision