Kuwait Court of Cassation principle number 1110

The court of merits may characterize the parties’ claims and understand the facts in the action so long as it does not depart from the facts of the action, change the substance of their claims therein, or introduce new claims not presented to it. - The administrative authority’s refusal to take a decision that a law or regulation requires it to take is deemed a negative administrative decision. - A material act is always a material fact or a procedure recording it. It does not of itself generate legal effects and produces merely a factual result. Ascertaining the true nature of acts or decisions emanating from the administration without being limited by the descriptions and designations the two parties to the dispute confer upon them in this regard. - 210 - Procedure belongs to the court of merits. Example.