Kuwait Court of Cassation principle number 2077

An action to establish the existing state of affairs. Its purpose. Taking a provisional measure among purely conservatory measures. The measure issued therein does not extend to affecting the substance of the right, jurisdiction to determine which belongs exclusively to the trial court. The judgment establishing the existing state of affairs and its procedures constitute merely evidence prepared to prove the action against the other party or to refute that party's action against him. - Challenging the judgment issued in an action to establish the existing state of affairs. Its prerequisite. That the evidence has not been prepared in the action; a challenge is then permissible so that the court before which the challenge is brought may complete preparation of the evidence and remedy deficiencies in its preparation. Example.