Kuwait Court of Cassation principle number 761

The issue of subject-matter jurisdiction. Its relation to public policy. The effect thereof. It is deemed present in the litigation and always before the court of merits, even if not pleaded before it, and the court must rule upon it of its own motion. The judgment it renders on the merits is deemed to contain an implicit ruling that it has subject-matter jurisdiction. The implication thereof. An appeal in cassation against the judgment rendered therein is deemed directed against the implicit ruling on the issue of jurisdiction, whether or not the litigants raised it in the appeal and whether or not the Public Prosecution raised it.