Kuwait Court of Cassation principle number 2645

The plea that an action may not be heard owing to lapse of time. Is substantive. The court of first instance’s ruling upholding it exhausts its jurisdiction to consider the merits. An appeal lodged against this judgment. Places the action, including its claims and defences, before the appellate court. Its effect. The court must decide the merits of the action when reversing it, so long as the appellant has not expressly or impliedly abandoned any of his claims, even if he insisted in his final requests on referral to the competent court. Contravention thereof. An error requiring cassation of the judgment.