Kuwait Court of Cassation principle number 143

A defect of lack of competence or form which may vitiate a decision and lead to its annulment. Does not invariably and necessarily constitute a basis for compensation unless the ground affects the substance of the decision. If the decision is sound in its substance and supported by its justifying grounds despite violation of a rule of competence or form. There is no liability on the part of the authority that issued it and no award of compensation against it. Reason therefor: the decision would in any event have been issued with the same substance even if that rule had been observed. Example. Compensation for Damage Sustained by Public Facilities and Property: