Kuwait Court of Cassation principle number 2143

The possibility of an accidental injury incident occurring as a result of two faults by two different persons. Its necessary consequence. 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. Implication thereof: bringing criminal proceedings against the accused by a single indictment does not deprive each action of its independence from the other. Its effect. The termination of criminal proceedings against one of them by a final judgment does not affect the continued hearing of criminal proceedings against the other accused. The period for the non-hearing of the civil action concerning the unlawful act committed by the first accused begins to run from the date that judgment becomes final. Basis thereof. - 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 regards him. Its effect. Commencement of the running of the period commencement of the running of the period for the 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. Has no effect, owing to the independence of each one's unlawful act from the other's. This is not altered by the assumption that the Misdemeanours Appeal Court reverses the judgment and convicts the second accused, resulting in his joint and several liability with the first accused. Reason therefor: a joint and several debtor in respect of whom the period for the non-hearing of the action has expired. May invoke this 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. Basis thereof: the presumed reciprocal representation between joint and several debtors. Operates in what benefits them, not in what harms them, owing to the multiplicity of the relationships between them and the creditor. Contravention thereof. An error in the application of the law necessitating cassation of the judgment. Limitation of an action for nullity of subscription: