Kuwait Court of Cassation principle number 1351

A judicial claim, whether original or incidental, and the litigants' request to record their agreed settlement in the hearing minutes. Their nature, the distinction between them and its effect. - A request to record the settlement agreed upon by the litigants. Is not deemed an incidental claim. The court determines it pursuant to its non-contentious authority, not its adjudicative authority. The effect of the court's ratification of the settlement. The agreement acquires the force of an enforceable instrument. - The court's ratification of the litigants' agreement. Is permissible only in their presence and with their consent. The failure of one of them to attend or to acknowledge the agreement. Its effect. The court refrains from ratifying it. It is treated as a document in the action subject to the judge's assessment. The judgment in this case may be challenged by the legally prescribed means of challenge in accordance with the conditions prescribed for challenging judgments. The consequence thereof. A challenge may be brought only by the party against whom judgment was rendered, namely the litigant adversely affected by the judgment rejecting all or some of his claims or awarding his opponent all or some of his claims. - Bringing an action seeking partition and allotment of the undivided share in the properties in dispute. The defendant's submission of a settlement and relinquishment agreement purportedly issued by the plaintiff and his request to append it to the hearing minutes and record its contents therein. The court's refusal to ratify it because of the plaintiff's failure to attend. Its treatment as a document in the action and the court's dismissal of the action on its basis. Adherence by the court to the scope of - 248 - Civil Procedure the claims presented. Its effect. The defendant is not deemed to have had any judgment rendered against him. The appeal brought by him is impermissible. Article 127/1 of the Civil Procedure Law.