Kuwait Court of Cassation principle number 494

Grounds relating to public order. The Court of Cassation may raise them of its own motion even if they were not included in the appeal petition and were not previously invoked before the court of merits. The condition for this. - Litigation procedures are matters of public order. Violation of the fundamental requirements of litigation and its prescribed procedures for bringing actions. Its effect. Nullity, which the court may declare of its own motion. - The judge's non-contentious acts. The legislature has specified them exhaustively. - 107 - Law - Orders on petitions. They may not be issued in cases where no special provision permits their issuance. The absence of a provision in the Civil Code, Commercial Code, or Code of Procedure permitting recourse to orders on petitions for assessing the remuneration of the custodian appointed over disputed property, and likewise the absence of a statutory provision concerning the type of judicial expenses for whose assessment an order is sought. Its effect. An action must be brought in this regard through the ordinary procedures for bringing actions. The challenged judgment's departure from this and its ruling upholding the order on petition assessing the respondent's remuneration for judicial custodianship work. A violation of law requiring its cassation.