Kuwait Court of Cassation principle number 2625

The impediment suspending 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 for the court of merits. Condition thereof. - A measure interrupting limitation. In principle, it must relate to the right sought to be enforced and be taken between the same parties. Different rights and different parties. This effect does not ensue. - The judgment's conclusion rejecting the plea that the action could not be heard by lapse of time, on the basis that the appellants' presence abroad constituted a material impediment to bringing an action for compensation for the death of their predecessor in title and suspended the period barring its hearing, and that the heirs' claim against the State for blood money for the death of their predecessor in title on the basis of the guarantee against personal injury, which was dismissed because there was a person responsible for the death, namely the employer, interrupted the period barring the hearing for compensation. Error and flawed reasoning. Rationale.