Kuwait Court of Cassation principle number 1938

Whether a judgment is open to challenge. A matter of public policy on which the court rules of its own motion. - Judgments issued during the course of the action before issuance of the judgment terminating the entire proceedings. May not be challenged. This is not altered by whether the judgment is definitive or non-definitive, substantive or incidental, terminates part of the proceedings or does not terminate them. The exception. Its cases. Article 128 of the Civil and Commercial Procedure Law. Its effect. Substantive judgments not susceptible to compulsory enforcement issued during the course of the action. Not open to immediate challenge. The reason therefor. - 351 - Civil and Commercial Procedure - Inclusion in the statement of claim of 2 claims sharing a single legal ground. Establishment that one is based on the other and constitutes its necessary consequence. Its effect. Unity of the proceedings concerning them. A judgment issued on one during the course of the action before determination of the other. Does not terminate the entire proceedings. It may not be challenged immediately. The condition thereof: that it does not fall within the exceptions exhaustively provided for in Article 128 of the Civil and Commercial Procedure Law.