Kuwait Court of Cassation principle number 2701

The plaintiff and the appellant may discontinue the proceedings by one of the methods stated in Article 99 of the Civil Procedure Law. - A ruling on discontinuance before the court of first instance is conditional upon the defendant's acceptance if he has presented his defense before discontinuance and has not raised pleas intended to prevent the court from proceeding with hearing the action. The rationale and implication thereof. - A ruling on discontinuance before the Court of Appeal. Its condition: that the discontinuing party relinquish his right of appeal or that the appeal period have expired at the time of discontinuance. Article 146 of the Civil Procedure Law. The implication thereof. - Acts performed by the agent within the bounds of the agency are enforceable against the principal and their effects accrue to him. Ascertaining the scope of the agency and the legal acts it encompasses that the agent is authorized to perform. A matter for the trial court. The condition thereof. An example of discontinuance of proceedings before the Court of Appeal after expiry of the time limit for challenging it. - A lawyer retained in the action may substitute another lawyer for himself in the proceedings, in pleading, or in any litigation procedure, without a power of attorney, unless the power of attorney prohibits this. - 518 - Civil Procedure