Kuwait Court of Cassation principle number 1340

Grounds relating to public order. The litigants, the Public Prosecution and the court may raise them of their own motion in a cassation appeal, even if they were not previously invoked before the court of merits or in the appeal petition. The condition therefor. - Subject-matter jurisdiction. It is considered present in the proceedings and always before the court, even if not pleaded before it; the right to raise and invoke it does not lapse, even where the litigants have previously waived it, and the court must rule on it of its own motion. The reason therefor. Its connection with the foundations of judicial organization. - The Administrative Circuit of the Court of First Instance. Its jurisdiction to hear the matters specified in the law establishing it. - The Administrative Circuit of the Court of First Instance. The legislature provided it with a special system for preparing actions before they are submitted to it, specified a particular monetary threshold for appeals against its judgments, required service of the statement of claim and the appeal petition within the three days following the filing of the statement or petition, and imposed a fixed fee on some of these actions. - 386 - Administrative