Kuwait Court of Cassation principle number 1070

Giving the action its correct characterization. A duty of the court of merits in order to determine its jurisdiction. - The litigation whose termination is considered. It is the original litigation. A judgment declining jurisdiction and referring the case. Does not terminate the entire litigation and may not be appealed except together with an appeal against the judgment on the merits; the court to which the case is referred must determine the dispute even if the referral judgment is erroneous - 203 - Procedure but the Court of Appeal may set it aside, together with the judgments resulting from it, upon an appeal against the judgment terminating the entire litigation. - The Court of Appeal's setting aside of the judgment declining jurisdiction and referring the case. The dispute must be returned to the court concerned with it even if it had ruled that it lacked jurisdiction. The reason for this. It has not exhausted its adjudicative authority.