KCC 284/2017

This case involved whether a disabled person's status could be changed as a result of a law change.

Background

A claimant filed a case against some defendants before the court. He requested the court to dismiss the decision of the General Authority for Disabled Persons by which his disability status had been changed from medium to simple.

The court ruled that the decision should be dismissed.

The defendants appealed the ruling before the court of appeal. The court dismissed the appealed ruling and the case altogether.

The claimant appealed the ruling before the court of cassation. He said in his grounds of appeal that the ruling has erred in the application of law. He said that he had received a certificate proving his disability according to Kuwait Law No. 49/1996 .

Decision

The court said that this argument was valid. The court said hat the disability status of the claimant could not be changed according to Kuwait Law No. 8/2010. The court said that the mentioned law should not be applied on the claimant’s case.

The court repealed the appealed ruling.