Kuwait Court of Cassation principle number 924

A defect of lack of competence or form that may vitiate a decision and lead to its annulment. It does not inevitably and necessarily constitute a basis for compensation unless the ground affects the substance of the decision. If the decision is sound in substance and supported by its justifying grounds despite infringement of a rule of competence or form. There is no liability on the part of the authority that issued it or judgment against it for compensation. The reason: the decision would in any event have been issued with the same substance even if that rule had been observed. Example. 6- Competence of administrative authorities – delegation thereof:-