The Limitation Defence Under Kuwaiti Law
Learn how to raise a limitation defence in court proceedings in Kuwait and understand the legal rules governing this important defence.
Defenses, Appeals & Cassation · By Fahad Alhaddad Law Firm · Published 2026-09-28 · Updated 2026-09-28
Under Kuwaiti law, time is a decisive factor in ensuring certainty in legal positions. A limitation defence seeks to defeat a claim because a lengthy period has elapsed without the rights holder pursuing it before the courts. This issue is central to the Civil Code (Decree-Law No. 67 of 1980), and raising this defence requires care and skill.
What Is Limitation?
Limitation is the expiry of a legally prescribed period after which the court will not hear a claim to enforce a right. This system aims to ensure certainty in transactions and prevent rights from remaining unresolved for many years, as the law presumes that a rights holder who was serious about pursuing a claim would have brought it within that period.
A right does not automatically become time-barred in every case; the interested party (the defendant) must raise this defence before the court. If that party does not raise it, the proceedings may continue, and the court may examine the merits of the claimed right despite the expiry of the period.
How Do You Raise This Defence?
Raising a limitation defence requires precise knowledge of when the period began and whether any steps interrupted or suspended it. The date on which the right arose and the date on which the claim was filed must be examined with the utmost care.
This defence must be presented in clear written legal submissions based on the relevant provisions of the Civil Code. Assistance from a specialist lawyer is indispensable in this situation, as even a minor error in calculating the period or legally characterising the matter may lead to the defence being rejected.
Impediments to Limitation and Grounds for Suspension
Limitation periods do not always run without qualification; they may be suspended or interrupted for specific legal reasons. Special rules may apply to minors or persons lacking legal capacity, as well as where an impediment prevented the right from being pursued.
Understanding these exceptions is what distinguishes an experienced lawyer. At our firm, we analyse all the circumstances of the case to determine whether a limitation defence is available and worthwhile, and we formulate it to provide strong support for your legal position.
The Importance of Consulting a Specialist Lawyer
Cases involving limitation are highly sensitive, and errors cannot be remedied at advanced stages of litigation. If you are facing proceedings concerning an old claim, do not hesitate to consult us.
We work to protect your interests by carefully examining the legal position and determining whether a limitation defence is the best way to resolve the dispute in your favour.
Frequently asked questions
Does limitation mean that the right is permanently lost?
In the judicial context, limitation means that the court will not hear the claim, making the right unenforceable through the courts.
How is the limitation period calculated?
Calculation of the period depends on the type and nature of the right under the applicable legal provisions. It is essential to review the dates relating to the event that gave rise to the right with a legal specialist.
Related guides
This article is general information, not legal advice, and does not replace consultation with a lawyer licensed in Kuwait. The official Arabic legal texts prevail over any English explanation.