Kuwait Court of Cassation principle number 5024

The impediment suspending the running of 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. The condition for this. - An act interrupting prescription. The general rule is that it must relate to the right sought to be enforced and be taken between the same litigants. Distinct rights and different litigants. Do not produce this effect. - 972 - Index - The judgment’s conclusion rejecting the plea that the action was time-barred on the basis that the appellants’ presence abroad was a material impediment to bringing the action for compensation for their predecessor’s death and suspended the period barring its hearing, and that the heirs’ claim against the State for blood money for their predecessor’s death on the basis of the guarantee against personal injury, in which the action was dismissed because a person responsible for the death existed, namely the employer, interrupted the period barring the hearing for compensation. Error and flawed reasoning. The reason for this.