Kuwait Court of Cassation principle number 1705

Applicability of the provisions of the Civil and Commercial Procedure Law in cases where the judge is disqualified from deciding the action. Article 173 of the Criminal Procedures and Trials Law. - Cases in which the judge is disqualified from hearing the action. Their effect: he is barred from - 469 - Criminal Procedures and Trials hearing it even if none of the litigants seeks his recusal. Article 102 of the Civil and Commercial Procedure Law. - What is meant by the judge's prior hearing of the action. Its nature. The condition for this: that all of this be in the same action between the same parties. - The judge's prior hearing of another action whose litigants differ from those in the first. Does not constitute a ground for disqualification in a different action. Example. - 470 - Criminal Procedures and Trials Eighth: Clerical error in the judgment