Kuwait Court of Cassation principle number 1911

Application of the provision of Article 126 of the Civil Procedure Law. Its condition: the court’s complete omission, through oversight or error, to adjudicate a substantive claim, leaving the claim pending before it without adjudication. Express or implicit adjudication rejecting the claim, inferred from the reasons of the judgment. The means of seeking redress against it. Challenging the judgment through the appropriate avenue. - The litigants’ recourse to the court that omitted to adjudicate certain substantive claims. Its time limit. Within six months of the judgment becoming irrevocable. Specification of this period. Its purpose. Establishment, by an irrevocable judgment, of the occurrence of omission through oversight or error. The rationale for that. The appellate court’s assessment of whether the occurrence involves omission of one of the substantive claims. It becomes settled by the irrevocable judgment, whereupon the period begins within which the litigant must resort to the court to remedy what it omitted to adjudicate. - 346 - Civil Procedure - Recourse by a person alleging that his claim was omitted to the court that issued the judgment immediately upon its issuance and before it becomes irrevocable. Impermissible. He must submit evidence that the judgment has become irrevocable in relation to him and his other opponent. Contravention of that. Its effect. Inadmissibility of the application. Example.