Kuwait Court of Cassation principle number 2312

An action for liability for an unlawful act. The three-year limitation period begins from the date of actual knowledge whereby the injured person becomes aware of the occurrence of the damage and the identity of the person responsible for it. Reason therefor. The lapse of three years from the day knowledge of both matters is established. It entails the injured person's waiver of his right to compensation against the person responsible. This waiver may not be presumed in the case of conjectural knowledge. - Ascertaining the injured person's knowledge of the occurrence of damage and the identity of the person responsible for it. A question of fact independently determined by the trial court. Condition thereof. - The challenged judgment's finding that the heirs did not learn of the person responsible for the damage until the date they examined their deceased's treatment records after the court authorized them to do so, that they brought the action before three years had elapsed from the date of their knowledge of him, and its correct rejection of the plea of three-year limitation. Its reliance, in rejecting the plea, on the action having been brought before fifteen years had elapsed from the date of the deceased's injury. An erroneous legal proposition that the Court of Cassation may correct without quashing the judgment.