Kuwait Court of Cassation principle number 1634

A ruling staying the proceedings in the action. Its prerequisite. The preliminary issue upon whose determination the judgment on the subject matter of the action depends must fall outside the court’s functional or subject-matter jurisdiction and be necessary to determine the dispute before it. The court’s jurisdiction over that issue. It must address and resolve every dispute concerning any element of the action. - Payment of the appellant’s entitlements in the fellowship fund. Determination of the dispute over fulfilment or non-fulfilment of the condition upon which it was made dependent. Falls within the jurisdiction of the court that rendered the judgment. It must resolve every element of the action before it. Its ruling staying the proceedings pending determination of an issue unnecessary for assessing fulfilment of that condition. A violation of the law and an error in - 297 - Procedure its application.