Kuwait Court of Cassation principle number 954

The Tenancy Circuit of the Court of First Instance. Its jurisdiction to hear disputes relating to tenancy is subject-matter jurisdiction pertaining to public policy. The implication thereof: this issue is considered to subsist in the proceedings and to be always before the court, even if no plea thereof is raised before it; the right to invoke such a plea does not lapse even if the litigants waive it, and a judgment on the merits is deemed to include an implicit ruling on jurisdiction. - Judgments issued during the course of an action which do not terminate the proceedings. May not be challenged independently before issuance of the judgment terminating the proceedings in their entirety. The exception. - The Tenancy Circuit's ruling that it lacks subject-matter jurisdiction and referring the action to the Commercial Circuit. A judgment which does not terminate the proceedings and therefore may not be challenged independently, and does not fall within any of the exceptions - 546 - Civil Procedure permitting that. 8- Jurisdiction of the Tenancy Circuit of the Court of Appeal falling outside subject-matter jurisdiction:-