Kuwait Court of Cassation principle number 1526

A judge's disqualification from hearing the action. Its cases. Article 102 of the Law of Procedure. - The judge's previous expression of an opinion in the same dispute before him or in previous litigation between the same litigants. Establishes the judge's disqualification. Its condition: determination of the case before him must require expressing an opinion on the same arguments and grounds raised in the first litigation. - The court of first instance's ruling that a grievance against an order assessing judicial fees is inadmissible because it was brought out of time, and the Court of Appeal merely setting it aside and remitting it to the court of first instance—without determining the merits—do not prevent any of the judges or counsellors who rendered them from hearing the merits of the grievance after its remittal to the court of first instance or hearing the appeal brought against the judgment rendered therein.