Kuwait Court of Cassation principle number 1009

The general rule in the litigation system is that, once judgment is delivered, the case passes out of the court’s seisin because its jurisdiction has been exhausted, and it may not return to hear it anew. - Judgments of the Court of Cassation. Final and not subject to appeal. Exception: withdrawal of some of its judgments or decisions. Condition for withdrawal: that the judgment or decision was based on failure to fulfil the appeal procedures prescribed by law. The reason therefor: regard for the requirements of justice and ensuring that the appellant is not prejudiced by a cause beyond his control. Condition thereof: that the procedures, although fulfilled, were not presented in full to the court when it heard the appeal, for a cause beyond the appellant’s control. An example of a judgment issued by the Court of Cassation withdrawing a decision it had issued in chambers declaring the appeal formally inadmissible for failure to deposit a memorandum of the grounds of appeal, after the Registry submitted a memorandum stating that the appellant had deposited the grounds of appeal within the time limit, but that they had not been presented to the court at the time.