Kuwait Court of Cassation principle number 2809

A judicial claim, whether original or incidental, and the litigants' request to record their agreed settlement in the hearing minutes. Their nature, the difference between them, and its effect. - A request to record the settlement agreed upon by the litigants. Is not an incidental claim. The court determines it pursuant to its non-contentious, not its adjudicative, authority. The effect of the court's ratification of the settlement. The agreement acquires the force of an enforceable instrument. - The court's ratification of the litigants' agreement. Is permissible only in their presence and with their consent. The failure of one of them to attend or to acknowledge the agreement. Its effect. The court refrains from ratifying it. It is regarded as a document in the action subject to the judge's assessment. The judgment in this case is open to challenge by the methods prescribed by law in accordance with the conditions prescribed for challenging judgments. The consequence thereof. A challenge may be brought only by the party against whom judgment was rendered, that is, the litigant adversely affected by the judgment through the rejection of all or some of its claims or the granting of all or some of its opponent's claims. - Bringing an action seeking partition and separate allotment of the undivided share in the immovable properties in dispute. The defendant's submission of a settlement and relinquishment agreement purportedly issued by the plaintiff and its request to append it to the hearing minutes and record its contents therein. - 520 - Obligation The court's refusal to ratify it because the plaintiff failed to attend. Its treatment as a document in the action and the court's ruling dismissing the action on its basis. Adherence by the court to the scope of the claims submitted. Its effect. The defendant is not regarded as having had anything adjudged against it. The appeal brought by it is inadmissible. Article 127/1, Civil Procedure Code.