Kuwait Court of Cassation principle number 755

A plea of lack of subject-matter jurisdiction is a matter concerning public policy. It is regarded as existing in the proceedings and as being before the court even if not pleaded before it, and the court rules on it of its own motion. - A plea of lack of subject-matter jurisdiction. Is not subject to acceptance or waiver. - The criterion for determining the courts’ jurisdiction to give final judgments. Their adherence to the rules of jurisdiction laid down by law and their not departing therefrom expressly or implicitly. This concerns public policy. Contravention thereof. Its effect. An appeal against the judgment falls outside the restriction of nullity contained in Article 138 of the Civil Procedure Code. The reason therefor. - The determining consideration in establishing the jurisdiction of a judicial body is the relief sought by the plaintiff in his action.