Kuwait Court of Cassation principle number 927

Joining the army is through military service, voluntary enlistment or appointment under the conditions and procedures specified by laws, decrees and implementing decisions. - A volunteer is every Kuwaiti who has adopted soldiering as his vocation and signed a voluntary enlistment contract with the army in accordance with its regulations and laws. - A Kuwaiti’s voluntary enlistment contract. Its nature. - Appointment of Kuwaiti volunteers is by contract. They are subject to the provisions of Law No. 32 of 1967 and the provisions contained in the contract forms issued pursuant to the Minister of Defence’s decision in force at the time of voluntary enlistment. The basis therefor. - The Administrative Circuit’s jurisdiction to hear disputes arising between the administrative authority and the other contracting party in administrative contracts generally. It has full jurisdiction. - An employment contract: an administrative contract under which the employee, under the administrative authority’s supervision, undertakes the responsibilities and duties of his post in return for obtaining a number of rights, and occupies a contractual and regulatory position. Administrative judicial review extends to this contract in respect of annulment and compensation. The challenged judgment’s departure from this view and its ruling that the court lacks jurisdictional authority to hear the action. A violation of the law requiring its cassation. - 541 - Civil Procedure