Kuwait Court of Cassation principle number 2539

Extinctive prescription. Its interruption by a judicial claim constituting an unequivocal demand for the right sought to be enforced. Its effect. A statement of claim filed in respect of a right interrupts prescription only in respect of that right and its accessories which become due when it becomes due and lapse when it lapses. Difference between the two rights or their sources. A claim concerning one does not interrupt the prescriptive period for the other right. - Establishment that the right in the previous action was confirmation of ownership by possession. Its difference from the subject matter of rescission of the land sale contract for breach of the obligation to transfer ownership. Rescission is not considered an accessory to the claim for confirmation of ownership because it neither becomes due when that claim becomes due nor lapses when it lapses. Its implication. The previous action does not interrupt prescription in the latter action. Contravention thereof. An error requiring cassation of the judgment.