Kuwait Court of Cassation principle number 1115

Laws relating to limitation. Their application from their effective date. The implication. The old law governs the portion of the limitation period that ran under it, and the new law governs the portion running under it. - The period required to bar the hearing of an action by lapse of time. 15 years. - The defence that an action may not be heard by lapse of time applies to an ownership action where the property has been abandoned for 15 years and another has taken possession of it and denied the owner's right. - The excuse preventing the running of the period prescribed for barring the hearing of an action by lapse of time. Its nature. - An acknowledgment interrupting limitation within the meaning of Article 1674 of the Majalla of Judicial Provisions. Its condition. It must emanate from the opposing party and include his acknowledgment that the right claimed remains presently owed by him. - Assessment of the impediment suspending limitation. A matter of fact for the trial judge. Its condition.