Kuwait Court of Cassation principle number 1075

Giving an action its correct legal characterisation. A duty of the court of merits in order to determine its jurisdiction. - The litigation whose conclusion is considered. It is the original litigation. A judgment declining jurisdiction and referring the case. Does not conclude the entire litigation and may not be appealed except together with an appeal against the judgment on the merits. The court to which the case is referred must determine the dispute even if the referral judgment was erroneous. The Court of Appeal may set it aside, together with the judgments resulting from it, upon appeal against the judgment concluding the entire litigation. - The Court of Appeal's setting aside of the judgment declining jurisdiction and referring the case. The dispute must be returned to the court competent to hear it, even if it had ruled on the day of its jurisdiction. The reason therefor. It has not exhausted. Its jurisdiction.