Kuwait Court of Cassation principle number 248

Summary: - The Court’s conclusion that the recourse action is time-barred. Coincides in its outcome with the first-instance judgment ruling that the action may not be heard because it had previously been adjudicated in the counterclaim. Rule: If the Court has concluded that the recourse action is barred by the three-year limitation period, this coincides in its outcome with the first-instance judgment ruling that the action may not be heard because it had previously been adjudicated in the counterclaim brought in Case No. ..../2007 Commercial; it must therefore be upheld.