Lost at the Court of Appeal and wondering whether you can take the case further? A cassation appeal in Kuwait is the final stage of litigation, and since 2025 the rules on its deadline and threshold have changed. In this guide, Attorney Meshari Obaid Alenezi explains what the Court of Cassation reviews, how long you have, and what your case must satisfy.
What the Court of Cassation Does
- Questions of law only: the court checks whether the law was correctly applied — it does not re-hear the facts or the evidence.
- Grounds: violation or misapplication of the law, defective reasoning, a breach of the right of defence, or procedural nullity.
- Outcome: the court either rejects the appeal, or quashes the judgment and sends the case back to the Court of Appeal, sitting with different judges.
- Binding principle: the Court of Appeal must follow the legal principle set by the Court of Cassation on remand.
The Deadline and the Threshold
- Sixty days: Decree-Law No. 6 of 2025 replaced Article 153 of the Civil and Commercial Procedure Law, extending the cassation deadline from thirty to sixty days from the appellate judgment.
- Value threshold: under the amended Article 152, a monetary claim must exceed KD 30,000 to reach cassation, unless the claim has no determinable value.
- Counsel: the appeal petition must be signed by a lawyer admitted before the Court of Cassation.
- Security deposit: a deposit is lodged with the petition and refunded if the appeal succeeds.
Practical Points
- No automatic stay: filing does not suspend enforcement of the judgment; a separate request for a stay can be made where enforcement would cause irreparable harm.
- Criminal and family cases: judgments in criminal and personal-status matters are also subject to cassation, on legal grounds.
- Missing the deadline: the sixty days are mandatory; a late petition is dismissed without examining its merits.
- Preparation: the petition must identify each legal error precisely — a general complaint that the judgment is unfair is not a ground.
Frequently Asked Questions
The Court of Appeal ruled against me last month. Is it too late?
Not if fewer than sixty days have passed since the judgment. Have the judgment reviewed immediately by a lawyer admitted before the Court of Cassation so that the grounds can be drafted within the period.
My claim is for KD 20,000. Can I still go to cassation?
Ordinarily no — a monetary claim must exceed KD 30,000. The exceptions concern claims that cannot be valued in money and certain specific categories; a lawyer can assess whether your case falls within them.
If you need to appeal to the Court of Cassation, you can book a consultation with the office of Attorney Meshari Obaid Alenezi or call +965 2220 4490.
Disclaimer: this article provides general legal information and is not a substitute for advice on your specific case.
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Contact Attorney Meshari Al-Enezi — over 10 years of experience in Kuwaiti courts