المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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Cassation principles Pleadings — Part One

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 1,422 available principles

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  1. محكمة الاستئناف

    Principle 1419The Court of Appeal may adjust the amount of compensation upwards or downwards. Its condition. Stating the considerations on which it relied and which are capable of leading to its conclusion. Its reduction of compensatiPleadings — Part One · Source page ٦٤٢
  2. Principle 1420Court of Appeal. Its power to increase or decrease the amount of compensation. Example.Pleadings — Part One · Source page ٦٤٢
  3. Principle 1421An independent forgery action. The criterion for resorting to it. - An allegation of forgery by an incidental action. Is a means of defence on the merits of the action over which the court - 642 - Procedure before which Pleadings — Part One · Source page ٦٤٢
  4. Principle 1422Exhaustion by the court of first instance of its jurisdiction by ruling on the merits of the action, and the Court of Appeal's finding that the judgment is void owing to a defect in it or in the procedures preceding it, Pleadings — Part One · Source page ٦٤٣
  5. Principle 1423The court of first instance's omission, through error or oversight, to adjudicate one of the claims. It is remedied by returning to the same court for its consideration. The judgment may not be appealed in respect of thaPleadings — Part One · Source page ٦٤٣
  6. Principle 1424Judicial set-off. Its condition: submission in the form of an incidental claim brought by the defendant in response to the opposing party's original action. It may not be sought in the form of a defense to the opposing pPleadings — Part One · Source page ٦٤٣
  7. Principle 1425The legislature’s determination that litigation ends at a particular level without appeal in cassation. Its effect. - A decision issued by the Court of Appeal assessing a lawyer’s fees—in the absence of a written agreemePleadings — Part One · Source page ٦٤٣
  8. Principle 1426Request for an evidentiary inquiry through witness testimony. May be submitted at any stage of the action. The reason for this. It is regarded as a means of defence that may be raised for the first time before the Court Pleadings — Part One · Source page ٦٤٣
  9. Principle 1427The Court of Appeal ruling to uphold the first-instance judgment on independent grounds for its ruling. Contradiction between these grounds and some grounds of the first-instance judgment. Its implication: the Court of APleadings — Part One · Source page ٦٤٤
  10. Principle 1428Appeal. Its scope: not all claims presented before the court of first instance, but those submitted before the Court of Appeal. The ruling of the court of first instance on the remainder becomes final and conclusive. ThePleadings — Part One · Source page ٦٤٤
  11. Principle 1429Amending or setting aside the first-instance judgment and reassessing the facts. Within the authority of the Court of Appeal, without requiring it to respond to the reasons for the first-instance judgment.Pleadings — Part One · Source page ٦٤٤
  12. Principle 1430An application for a composition to avert bankruptcy submitted by the debtor or the Kuwait Investment Authority. It must initially be submitted to the Court of First Instance competent to declare the bankruptcy of clientPleadings — Part One · Source page ٦٤٤
  13. Principle 1431Changing the cause of action on appeal. Permissible. Its condition: the subject matter of the original claim must remain unchanged. Article 144/3 of the Procedures Law. Example.Pleadings — Part One · Source page ٦٤٤
  14. Principle 1432The appeal. Its scope. Matters not addressed by the appeal petition. They fall outside the authority of the Court of Appeal.Pleadings — Part One · Source page ٦٤٤
  15. Principle 1433Judgments issued in tenancy disputes by the Tenancy Circuit of the Court of Appeal. They may not be challenged. The prerequisite thereof. Their adjudication of a tenancy dispute requiring application of a provision of DePleadings — Part One · Source page ٦٤٤
  16. Principle 1434The Court of Appeal's variation of the appealed judgment. Requires it to give reasons only for what the variation covers; the remainder is deemed affirmed by adoption of the reasons of the appealed judgment, even if its Pleadings — Part One · Source page ٦٤٥
  17. Principle 1436The plea of inadmissibility of the action provided for in Article 1 of Law 33 of 2000. Does not concern the validity of the proceedings. The court of first instance exhausts its jurisdiction by ruling on it, as with pleaPleadings — Part One · Source page ٦٤٥
  18. Principle 1439An appellate judgment reversing a provisionally enforceable first-instance judgment and dismissing the action. Susceptible to compulsory enforcement to remove the effects of the first-instance judgment. Its implication: Pleadings — Part One · Source page ٦٤٥
  19. Principle 1440Litigation at two levels. Its fundamental pillar is reconsideration, for a second time before the Court of Appeal, of the case determined by the court of first instance, without presenting a new case. - Appeal. Its effecPleadings — Part One · Source page ٦٤٦
  20. Principle 1441The Court of Appeal may adopt an approach to assessing maintenance different from that of the court of first instance. Its response to that court's evidence. Not required. It suffices that its view has an established basPleadings — Part One · Source page ٦٤٦
  21. Principle 1443Adjusting the amount of compensation upward or downward. Within the authority of the Court of Appeal. The condition for this.Pleadings — Part One · Source page ٦٤٧
  22. Principle 1444The appellate court may not adjudicate the merits of the action if it sets aside the judgment upholding a procedural plea. It must remit it to the court of first instance. The reason for this: avoiding the loss of a levePleadings — Part One · Source page ٦٤٧
  23. Principle 1445Assessment of maintenance of its various kinds, divorce consolation compensation, the financial means of the person liable therefor, and the needs of the person entitled thereto. A matter of fact. The Court of Appeal mayPleadings — Part One · Source page ٦٤٧
  24. Principle 1446An incidental appeal or cross-appeal transfers the entire dispute determined by the court of first instance to the Court of Appeal, within the limits of the relief sought in them and in the principal appeal. The Court ofPleadings — Part One · Source page ٦٤٧
  25. Principle 1447The Court of Appeal. It may reassess the understanding of the facts in the action and depart from the assessment of the court of first instance, provided that it relies on sound reasons in doing so.Pleadings — Part One · Source page ٦٤٧
  26. Principle 1448A ruling allowing discontinuance before the Court of Appeal. Its condition: that the discontinuing party waive the right of appeal or that the time limit for appeal have expired at the time of discontinuance. Article 146Pleadings — Part One · Source page ٦٤٧
  27. Principle 1449The plea of inadmissibility of new claims on appeal. Its relation to public policy. The court must, of its own motion, rule that such a claim is inadmissible. A claim is considered new, even if its subject matter has notPleadings — Part One · Source page ٦٤٨
  28. Principle 1452The Court of Appeal. Its adoption of an assessment of maintenance different from that of the court of first instance. Its consequence. It suffices that its view has its source in the papers and that its assessment rests Pleadings — Part One · Source page ٦٤٨
  29. Principle 1453The court of first instance's ruling that the action is inadmissible for reasons relating to its merits. A determination on the merits by which that court exhausts its jurisdiction. The Court of Appeal's setting aside ofPleadings — Part One · Source page ٦٤٨
  30. Principle 1454The plea that the period prescribed by law for bringing the action has expired. A substantive plea of inadmissibility concerning the right to bring the action as a right separate from the right for whose protection it waPleadings — Part One · Source page ٦٤٩
  31. Principle 1456The court of first instance’s exhaustion of its jurisdiction by determining the merits of the action. The Court of Appeal’s conclusion that the judgment is void owing to a defect therein or the nullity of the procedures Pleadings — Part One · Source page ٦٤٩
  32. Principle 1457The Court of Appeal. It is not required to respond to the reasons for the first-instance judgment when reversing or varying it. Its condition. That it bases its judgment on reasons sufficient to support it.Pleadings — Part One · Source page ٦٤٩
  33. Principle 1458The appellate court's adjustment of the amount of compensation is among the matters within its discretionary authority and may not be contested before the Court of Cassation. The condition for that: the court must state Pleadings — Part One · Source page ٦٤٩
  34. Principle 1459Permissibility of bringing a cross-appeal by the respondent. Article 143. Its effect does not extend to an appeal in cassation. - The nature of the Court of Appeal and its original function differ from the nature of adjuPleadings — Part One · Source page ٦٤٩
  35. Principle 1460The Court of Appeal has full jurisdiction to reconsider the action within the limits of what has been appealed. It may adopt an assessment of compensation different from that of the court of first instance. It is sufficiPleadings — Part One · Source page ٦٥٠
  36. Principle 1461Assessment of compensation making good the harm in its material and moral components, and adjustment of its amount by the appellate court by increase or reduction. Within the court's discretionary authority. It may not bPleadings — Part One · Source page ٦٥٠
  37. Principle 1462The Court of Appeal's provision of new reasons for its decision upholding the first-instance judgment, sufficient to support it. Its adoption of the reasons of the first-instance judgment. Its implication: it did not adoPleadings — Part One · Source page ٦٥٠
  38. Principle 1463Exclusion of the counterclaim for failure to pay the fee. Its effect. It falls outside the scope of the proceedings and is deemed not submitted to the Court of Appeal.Pleadings — Part One · Source page ٦٥٠
  39. Principle 1466The Court of Appeal’s adjustment of the amount of compensation upwards or downwards. Its condition: that it state in its judgment the considerations for which it increased or decreased it.Pleadings — Part One · Source page ٦٥١
  40. Principle 1467The appellate court’s reversal of the judgment issued on the principal claim. The case must be remitted to the court of first instance to determine the alternative claims. It may not itself determine those claims on the Pleadings — Part One · Source page ٦٥١
  41. Principle 1469Witness testimony. The Court of Appeal may assess it differently from the court of first instance. In that case, it need not refute what the court of first instance inferred from the evidence it heard. Its effect. It mayPleadings — Part One · Source page ٦٥١
  42. Principle 1471New claims before the Court of Appeal are inadmissible. The reason for this. - Raising any new claim before the Court of Appeal. Inadmissible. Its necessary consequence: the court may so rule of its own motion. The condiPleadings — Part One · Source page ٦٥٢
  43. Principle 1472The Court of Appeal. Its limiting itself to amending the judgment appealed against. It is obliged to give reasons only for what the amendment covers. The remainder is deemed affirmed by adopting the reasons of the judgmePleadings — Part One · Source page ٦٥٢
  44. Principle 1473The Court of Appeal proceeding to determine a matter not presented to it. Impermissible. The reason: the appeal transfers the action to the second-instance court in the state it was in before the judgment appealed againsPleadings — Part One · Source page ٦٥٢
  45. Principle 1474A claim for specific performance and performance by way of compensation. Two divisions encompassing performance of the debtor's obligation and equal in standing. Its implication. A claim for specific performance implicitPleadings — Part One · Source page
  46. Principle 1475The authority of the judge of interim matters to assess the seriousness of the dispute in the enforcement objection. His examination of what appears on the face of the documents to ascertain the proper course regarding tPleadings — Part One · Source page
  47. Principle 1476The judgment did not rely on the judgment rendered in the action to establish the condition of property as having binding authority in the dispute, but instead relied on a copy of the expert's report therein as one of thPleadings — Part One · Source page
  48. Principle 1477The jurisdiction of the judge of interim matters to evict a possessor without legal title. The judge’s examination of the apparent tenor of the documents and what a summary examination of the substance of the right indicPleadings — Part One · Source page
  49. Principle 1478A judgment ordering an interim measure. It has no binding effect before the court determining the merits. The consequence. No justification exists for extending the rule that criminal proceedings stay civil proceedings tPleadings — Part One · Source page
  50. Principle 1479Jurisdiction of the Supreme Plenary Court to hear the merits of the objection in the case, rather than the court that rendered the judgment. Articles 34 and 210 of the Law of Procedure.Pleadings — Part One · Source page
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