Kuwait Court of Cassation principle number 1720

Exhaustion by the court of first instance of its jurisdiction through judgment on the merits of the action. Nullity of that judgment for a defect that does not extend to the originating statement of claim. The Court of Appeal must not confine itself to declaring nullity. It must determine the merits by a new judgment observing the proper procedures. - Striking out an action. An incident affecting the proceedings during their course, removing them from the list, and having no connection with their commencement. The Court of Appeal's consideration and determination of the merits of the action after nullifying the first-instance judgment, namely for failure to serve the reactivation pleading. No error.