Kuwait Court of Cassation principle number 2621

The plea of prescription. It does not concern public policy. Its implication. It must be invoked before the court of merits. Its effect. Raising a plea of one type of prescription before it does not dispense with invoking another type. It is not obliged to examine any type not raised. The reason for this. - The challenged judgment's conclusion that the cause of the compensation action was the depositary's breach of the obligation to return the deposit upon formal demand. Its subsequent refusal to examine the three-year prescription based on liability for an unlawful act invoked by the appellant. This does not vitiate it. The reason for this.