Kuwait Court of Cassation principle number 3394

The Rentals Circuit of the Court of First Instance. Its jurisdiction to hear disputes relating to leases is subject-matter jurisdiction pertaining to public policy. Its implication: this issue is considered to exist in the proceedings and to be always before the court, even if it has not been pleaded before it; the right to invoke this plea does not lapse even if the litigants waive it, and a judgment on the merits is considered to include an implicit ruling on jurisdiction. - Judgments issued during the course of the action that do not terminate the proceedings. They may not be challenged separately before the issuance of the judgment terminating the entire proceedings. The exception. - 667 - Lease - The Rentals Circuit's ruling that it lacks subject-matter jurisdiction and referring the action to the Commercial Circuit. A judgment that does not terminate the proceedings and therefore may not be challenged separately, and does not fall within any of the exceptions permitting this.