Kuwait Court of Cassation principle number 2635

An action for liability for an unlawful act is barred upon the lapse of three years from the day the injured party became aware of the damage and the person responsible for it, or fifteen years from the date of occurrence of the unlawful act, whichever period expires first. The knowledge that starts the short prescription period. What is meant thereby. The burden of proving knowledge in its legally intended meaning rests upon the person invoking the bar. Inferring or negating such knowledge is a question of fact which - 508 - Obligation the court of merits independently determines, provided it bases its inference on cogent reasons. An example of a cogent response rejecting the plea that the action is barred by three-year prescription.