Kuwait Court of Cassation principle number 2236

Limitation of the Government’s right to recover sums paid to an employee without entitlement. Its duration. Five years from the date of payment. This limitation is confined to sums paid without entitlement. It does not extend to sums initially paid with entitlement and subsequently remaining in the employee’s possession without entitlement because the basis for payment ceased to exist. The judgment’s ruling that the claim is time-barred without ascertaining whether the sums were paid with or without entitlement. A deficiency requiring its cassation. - 433 - Obligation