Kuwait Court of Cassation principle number 1351

Two persons being accused of causing injury to another through their negligence. The court of first instance convicting one and acquitting the other. The former’s failure to appeal the judgment and its becoming final in respect of him. Its effect. Commencement of the running of the period of commencement of the running of the period for barring the hearing of the civil action arising from the act he committed, after the suspensive effect has ceased. The Public Prosecution’s appeal against the judgment acquitting the second accused. Has no effect, because the unlawful act of each is independent of that of the other. This is not altered by assuming that the Misdemeanor Appeals Court reverses the judgment - 256 - Obligation and convicts the second accused, with the resulting joint and several liability of him and the first accused. The reason for this: a jointly and severally liable debtor in respect of whom the period barring the hearing of an action has expired. He may invoke this against the creditor claiming the debt from him. The latter may not invoke against him the suspension of the running of that period in respect of another debtor. The basis for this: presumed reciprocal agency between jointly and severally liable debtors. It operates in what benefits them, not in what harms them, because of the multiplicity of the relationships between them and the creditor. Contravention thereof. An error in applying the law requiring cassation of the judgment.