Kuwait Court of Cassation principle number 1822

The appealed judgment being affected by a substantive or formal defect that cannot be rectified. Requires the appellate court to issue a new judgment in the action without remitting it to the court of first instance. The reason: the court of first instance has exhausted its jurisdiction by the judgment it previously issued. Contravening this by ruling to set aside the appealed judgment and remit the action to the court of first instance. A ruling terminating the litigation, contrary to its apparent tenor, and necessarily preventing its continuation. It may be challenged by cassation.