Kuwait Court of Cassation principle number 893

Grounds relating to public policy. The Public Prosecution and the Court of Cassation may raise them even if they were not previously invoked before the court hearing the merits or in the appeal petition, provided that the elements necessary to determine them are available from the facts and documents previously presented to that court. - Jurisdiction by reason of the type of action. Its relation to public policy. The effect thereof. It is deemed present in the proceedings and always before the court, which may rule upon it of its own motion, and any interested person may raise a plea concerning it at any stage of the action, even for the first time before the Court of Cassation. - The Administrative Circuit of the Court of First Instance. Its jurisdiction to hear disputes concerning civil servants' affairs specified in the provisions of the law establishing it, applications submitted by individuals or bodies for annulment of final administrative decisions other than those excepted, disputes concerning administrative contracts, and claims for compensation in respect of all those matters. - Bringing actions before the Administrative Circuit and appealing judgments issued by it. The legislature's designation of a special system therefor. The nature and purpose of that system. - The action not relating to an administrative dispute falling within the jurisdiction of the Administrative Circuit of the Court of First Instance. And the Court of Appeal, sitting in its Administrative Circuit, ruling to uphold the judgment issued by the Administrative Circuit deciding the merits. An implicit ruling that it has jurisdiction when it lacks jurisdiction. A violation of the law requiring its cassation. - 531 - Civil Procedure