Kuwait Court of Cassation principle number 1079

Lapse of litigation. Its criterion. The plaintiff or appellant having caused, by act or omission, the failure to proceed with the action for one year, whether intentionally or negligently. The basis therefor. Article 95 of the Procedure Law. - Assessment of the existence of an impediment preventing the taking of procedures to proceed with the litigation. A matter of fact. Its condition. Example concerning treating the Iraqi invasion and the inability to locate the case file after liberation as an impediment suspending the running of the one-year period.