Kuwait Court of Cassation principle number 769

Grounds concerning public order. The Court of Cassation may raise them of its own motion even if they were not included in the petition of appeal. - The connection of the binding authority of a judgment with public order. The basis of that authority: a legal presumption that judgments are absolutely correct. - Issuance of a judgment in an action claiming rent under a lease for the amount claimed. Its import. - 505 - Civil Procedure This judgment determined a fundamental issue, namely the applicability of Law 35 of 1978, as amended, concerning real estate leases to the contract, and the Rental Circuit’s jurisdiction over disputes arising from it. The same litigants bringing an action claiming the cost of repairing damage that occurred to the same premises under the same contract. Its import. It is a dispute arising from a lease concerning which a judgment having res judicata effect had previously been issued establishing the applicability of the Real Estate Lease Law to it and the Rental Circuit’s jurisdiction to hear actions arising from it. The judgment’s contravention of this and its ordering the appellant to pay the cost of repairing the damage by a judgment implicitly asserting the Commercial Circuit’s jurisdiction to hear the action. A violation of the rules of subject-matter jurisdiction, which concern public order, requiring its cassation.