Kuwait Court of Cassation principle number 740

A judgment staying proceedings in the action. Its criterion. The preliminary issue upon whose determination the judgment on the merits of the action is made dependent must fall outside the court's functional or subject-matter jurisdiction and be necessary - 499 - Civil Procedure for determining the dispute before it. The court having jurisdiction over that issue. It must proceed to resolve every dispute concerning any element of the action. - Payment of the appellant's entitlements in the Fellowship Fund. Determination of the dispute over whether or not the condition upon which it was made dependent has been fulfilled. It falls within the jurisdiction of the court that rendered the judgment. It must resolve every element of the action before it. Its ruling to stay proceedings pending determination of an issue unnecessary for assessing fulfillment of that condition. A violation of the law and an error in its application.