Kuwait Court of Cassation principle number 142

Laws relating to prescription. Their application, from the time they enter into force, to every prescriptive period not yet completed. The old law governs the portion of the prescriptive period that ran under it in terms of determining the moment at which it commenced, the manner of calculating it, and any causes of interruption or suspension affecting it. - Barring the hearing of an action. The period required for this is, as a general rule, fifteen years. - The plea that an action may not be heard owing to lapse of time. Its application to an ownership action. Its condition: the owner’s failure to pursue it for fifteen years despite grounds for it existing, in the form of another person taking possession of the property and denying its owner’s right. Article 1660 of the Majalla of Judicial Provisions. - The excuse preventing the hearing of an action owing to lapse of time. It is one that constitutes a Sharia-recognised excuse. Its nature. Excuses that do not reach that degree of hardship. They are not considered excuses preventing the running of the prescriptive period.