Kuwait Court of Cassation principle number 1038

Limitation of the Government’s right to recover amounts paid to an employee without entitlement. Its period. Five years from the date of disbursement. This limitation is confined to amounts paid without entitlement. It does not extend to amounts initially paid with entitlement but which subsequently remained in the employee’s hands without entitlement owing to the cessation of the basis for disbursement. The judgment’s ruling that the claim is time-barred without ascertaining whether the amounts were disbursed with or without entitlement. Inadequacy of reasoning. Necessitates its cassation. - 308 - Administrative