Kuwait Court of Cassation principle number 1555

Challenging judgments by an independent nullity action. Not permissible. The exception. Nullity affecting a judgment issued by a cassation circuit in a case of disqualification. Article 103, Procedure. - The general rule is that judgments may not be challenged by an independent nullity action. The reason therefor. Where challenge is impermissible or its avenue is closed. There is no means of depriving those judgments of effect. The exception. A plea that the judgment is non-existent or the bringing of an independent action where the judgment lacks its essential elements. A defect alleged against it otherwise. Its effect. Nullity, not non-existence, and the grounds of its defects may not be examined except by challenging it through the appropriate avenues of appeal. - Cases in which a judge is disqualified from hearing the action and prohibited from hearing it even if no litigant seeks the judge’s recusal. Their nature. The judge’s act or adjudication is void even if performed with the litigants’ agreement. Articles 102, 103, Procedure. - Issuance of a judgment by a judge disqualified from hearing the action. Its effect. Nullity of the judgment, not its non-existence. - A void judgment remains in existence and produces its effects until set aside by challenge through one of the avenues of appeal prescribed by law. An action for its nullity may not be brought. The exception. Cassation judgments in a case of disqualification. The reason therefor. Article 103, Procedure. Example concerning the bringing of an action for the non-existence of a judgment because the judge who issued it engaged in commercial activities.