Kuwait Court of Cassation principle number 1449

Annulment jurisdiction is fundamentally a jurisdiction of legality. - Review by the administrative judiciary when exercising its jurisdiction in annulment actions and reviewing the legality of the contested decision. It judges the decision, exercises its assessment and weighs it fairly in light of the true facts and the reality upon which its constituent elements were based. Its ascertainment that the decision follows the proper course and rests correctly upon the established foundation of legality. Its siding with it, approving it and upholding its original validity. Its discovery of a defect in one of its constituent elements or its exceeding the requirements of legality. Entailing its annulment and the removal of its effects. The necessary consequence: the court must address, examine and scrutinize the appellant's grounds of defence criticizing the challenged decision and include in its judgment that which demonstrates its assessment of the contested decision and its application of legality review thereto. - The trial court has authority to understand the decision in its true nature and ascertain the extent to which it rests upon a justifying ground, and the extent to which its constituent elements are present and its conditions of validity complete. The condition thereof. An example of inadequacy in the judgment necessitating its cassation in its entirety. - Action for disqualification:-