Kuwait Court of Cassation principle number 2172

The criterion for a judgment's nonexistence is its being devoid of one of its original constituent elements. The effect thereof. Disregarding the judgment and not giving effect to it. The reason therefor. Its loss of res judicata force. - The defect alleged against the judgment stopping at its mere nullity, rather than its nonexistence. The effect thereof. The judgment's defect on grounds of nullity may not be examined except by challenging it through the appropriate avenues of appeal, not through an independently instituted action for its nullity. An example. - The requirement that the judge refrain from hearing the action. Its basis. His having performed an act that gives him an opinion on it incompatible with the requirement that his mind be free of its subject matter.