Kuwait Court of Cassation principle number 2004

An incident of negligent injury may occur on the basis of two faults by two different persons. Its necessary implication. Each commits an unlawful act distinct in its elements from the act committed by the other and constituting in itself an independent offence, even if both lead to a single result. The consequence thereof: bringing criminal proceedings against the accused persons by a single charging document does not deprive either action of its independence from the other. Its effect. The termination of criminal proceedings against one of them by the issuance of a final judgment does not affect the continued hearing of criminal proceedings against the other accused. The period for non-hearing of the civil action concerning the unlawful act committed by the first accused begins to run from the date of the end of that judgment. The basis thereof. - 380 - Obligation - Two persons charged with negligently causing injury to another. The court of first instance convicts one and acquits the other. The first does not appeal the judgment, and it becomes final as against him. Its effect. Commencement of the period of commencement of the period for non-hearing of the civil action arising from the act he committed after the suspensive effect ceases. The Public Prosecution’s appeal against the acquittal of the second accused. It has no effect because each person’s unlawful act is independent of the other’s. This is not altered by supposing that the appellate misdemeanours court sets aside the judgment and convicts the second accused, resulting in his joint and several liability with the first accused. The reason therefor: the jointly and severally liable debtor in respect of whom the period for non-hearing of the action has expired. He may invoke that against the creditor claiming the debt from him. The latter may not invoke against him the suspension of that period in respect of another debtor. The basis thereof: the presumed reciprocal representation between jointly and severally liable debtors. It operates in what benefits them, not in what harms them, owing to the multiplicity of relationships between them and the creditor. Contravention thereof. An error in the application of the law requiring cassation of the judgment.