Kuwait Court of Cassation principle number 968

An action for unjust enrichment. When it is time-barred. - An action for liability for an unlawful act. When it is time-barred. This action's arising from a crime. Its effect. It is not time-barred, and its limitation period is suspended until a final criminal judgment is issued or the criminal trial terminates for another ground of termination. The reason therefor. - A plea of limitation. Its effect. The trial court must examine its statutory conditions, suspension, and interruption. - The period prescribed for barring the hearing of an action. It is interrupted by a judicial claim even if the action is brought before a court lacking jurisdiction. - Dismissal or inadmissibility of an action capable of interrupting limitation. Its effect. Elimination of its effect in interrupting limitation, treating it as never having occurred, and continuation of the period that had begun before it was brought. - Criminal proceedings for felonies. Time-barred after 10 years from the day the crime occurred. How that period is interrupted. - The judgment's calculation of the commencement of limitation from the date of the exceptional judgment ruling that the reason for staying the civil action had ceased, although that judgment merely disclosed the cessation of the reason for the stay and had no effect on the commencement of the limitation period. An error in the application of the law. - 189 - Obligation