Kuwait Court of Cassation principle number 387

Grounds relating to public order. The Public Prosecution and the Court of Cassation may raise them even if they were not previously invoked before the trial court or in the appeal petition, whenever the elements necessary for determining them are available from the facts and documents previously presented to that court. - Jurisdiction by reason of the type of action. Its relation to public order. The effect thereof. It is deemed to subsist in the proceedings and to be always before the court, which may rule on it of its own motion, and any interested party may raise it at any stage of the action, even for the first time before the Court of Cassation. - The Administrative Circuit of the Court of First Instance. Its jurisdiction to hear disputes relating to civil servants’ affairs specified in the provisions of the law establishing it, applications submitted by individuals or bodies to annul final administrative decisions except those excluded, disputes concerning administrative contracts, and claims for compensation in respect of all those matters. - Bringing actions before the Administrative Circuit and appealing judgments issued by it. The legislator’s designation of a special system for this. The nature and purpose of that system. - The action’s lack of connection to an administrative dispute falling within the jurisdiction of the Administrative Circuit of the Court of First Instance. The Court of Appeal, sitting in its Administrative Circuit, upholding the judgment issued by the Administrative Circuit determining the merits. An implicit ruling that it has jurisdiction when it lacks jurisdiction. A violation of the law requiring its cassation.