Kuwait Court of Cassation principle number 1288

Appealing judgments issued within the final-instance monetary jurisdiction of courts of first instance. Permissible as an exception to the general rules in circumstances including nullity of the judgment. This includes issuance of the judgment by a panel disqualified from examining the action and barred from hearing it. The determining factor in expressing an opinion entailing a judge’s disqualification. His performing an act that gives him an opinion on the action or personal knowledge incompatible with the requirement that his mind be free of preconceptions about its subject matter. A judge’s consideration of an application for a payment order in the absence of the parties and without oral argument. Does not preclude him from examining the grievance brought by the person against whom the order was issued pursuant to Article 164 of the Civil Procedure Law. The challenged judgment’s departure from this view. Vitiates it and requires its cassation. - 619 - Civil Procedure