Kuwait Court of Cassation principle number 4176

Non-hearing of an action. Its condition. Leaving the property while the action subsists, and another's usurpation of the property, encroachment upon it and denial of its owner's right. Merely leaving and neglecting the property and exercising no right over it, however long the period, without anyone interfering with it or usurping it and denying its owner's right therein. Its implication. The owner's right is not extinguished. Nor does it prevent hearing an action concerning it. - The court of merits. Its right to assess the facts and the commencement of prescription and to assess whether an impediment to the running of the action exists.