Introductory overview
Court judgments are not only the conclusion of disputes, but also reflect the court’s position on rights and obligations. One of the most common phrases litigants encounter is: “the claim is dismissed.” But what does this judgment mean in practice?
First: Meaning of Dismissing a Claim
A dismissal judgment is a substantive ruling: the court examined the dispute and reviewed the evidence, but concluded that the claimant failed to establish his right. The case was properly filed before a competent court, yet the requests lacked legal or factual grounds.
Second: Difference from Other Judgments
Inadmissibility of the claim: A procedural judgment issued when the claim suffers from formal defects (e.g., lack of standing, jurisdiction, or legal interest)
Non-hearing of the claim: A legal bar prevents the court from hearing the claim, even if valid procedurally (e.g., expiration of statutory limitation periods, or a contractual restriction)
Third: Legal Basis in Saudi Law
Under the Law of Sharia Pleadings, courts must review claims and provide reasoned judgments. If no evidence exists, the court dismisses the claim
Under the Civil Transactions Law, claims are not heard after statutory periods (10 years, 5 years, or 1 year depending on the right)
Fourth: Legal Effects
Considered a final decision on the merits, preventing the same claim from being re-filed
Subject to appeal (isti’naf) or cassation (tamyeez) within statutory deadlines
May be total (all claims) or partial (only part of the requests)
Fifth: Practical Examples
Commercial: A company claimed damages for late delivery without evidence → dismissed
Labor: An employee claimed end-of-service benefits already received in a signed settlement → dismissed
Conclusion
A judgment of dismissal means the court reviewed the merits but found no proof of the right claimed. Success in litigation depends on strong preparation, clear drafting, and solid evidence—because courts rule based on proof, not assumptions.
FAQ
?Q1: Can a dismissed claim be filed again
A: No, dismissal is a final ruling on the merits. It can only be challenged by appeal or cassation.
?Q2: Does dismissal mean the claim is invalid
A: No, it means the court reviewed it but found no proof for the right claimed.
?Q3: What is the difference between dismissal and inadmissibility
A: Dismissal is substantive; inadmissibility is procedural.
?Q4: Is limitation (time-bar) a reason for dismissal
A: No, it leads to non-hearing of the claim under statutory time limits.
?Q5: Can dismissal be partial
A: Yes, the court may dismiss some requests and accept others.
Executive Summary
Dismissal = substantive judgment after reviewing evidence
Different from inadmissibility (procedural) and non-hearing (legal bar)
Legal basis: Law of Sharia Pleadings + Civil Transactions Law
Effect: final judgment with res judicata; appeal possible within deadlines
Preparation and evidence are critical for success in litigation
