Kuwait Court of Cassation principle number 2168

Grounds relating to public policy. The Court of Cassation may raise them of its own motion even if they were not included in the statement of appeal, provided their elements were before the court of merits when it adjudicated the action. - Litigation at two levels. Its connection with public policy. - Challenging judgments by an independent action for nullity. Impermissible. - Seeking redress against judgments. It must be through the appropriate avenues of appeal. Closure or inadmissibility of the avenue of appeal. There is no means of setting aside the judgment by an independent action for nullity. A judgment lacking its essential constituents. Its non-existence may be pleaded, or an independent action to that effect brought, as an exception to the general rule. - Instituting an action seeking a declaration of the non-existence of a judgment initially before the appellate court. Deprivation of a level of litigation. The principle of litigation at two levels relates to public policy. Its effect. Inadmissibility of the action. The court must raise this issue of its own motion. Its proceeding to determine the merits. An error requiring cassation of the judgment.