Kuwait Court of Cassation principle number 1097

The court of merits may characterize the action and give it its correct legal description in accordance with the claims presented to it without altering their substance. - What counts in the parties' claims. What they expressly and unequivocally seek to have adjudged in their favour. - An application to stay execution of an administrative decision. The condition for its admissibility. Its being coupled with the substantive claim for annulment and with the relief sought on the merits of the action in the same pleading. A stay of execution may not be sought independently. The reason: the power to stay execution of an administrative decision derives from, and is a branch of, the power of annulment, in addition to the element of urgency. Failure to couple the urgent application to stay execution of the administrative decision with the substantive claim for its annulment. Its effect: inadmissibility of the urgent application for a stay of execution. Example.