Kuwait Court of Cassation principle number 2458

The impediment suspending the running of the period required to bar the hearing of an action by lapse of time. Its nature. The impediment must not be attributable to the creditor’s fault or negligence. Assessment of the existence or absence of the impediment. A matter of fact. Condition thereof. - An act interrupting prescription. In principle, it must concern the right sought to be enforced and be taken between the same litigants. Different rights and different litigants. This effect does not follow. - The judgment’s conclusion rejecting the defense that the action is barred from being heard by lapse of time, on the basis that the appellants’ presence abroad is a material impediment to bringing an action for compensation for their decedent’s death and suspends the period barring its hearing. The heirs’ claim against the State for diya for their decedent’s death on the basis of the guarantee against personal injury, which was dismissed because a person responsible for the death existed, namely the employer, interrupts the period barring the hearing for compensation. Error and flawed reasoning. Rationale.