Kuwait Court of Cassation principle number 3518

The court of merits may characterize the action and give it the correct legal description in accordance with the claims submitted to it without changing their substance. - What counts in the parties' claims. The relief they expressly and unequivocally request be adjudged in their favour. - A request to stay implementation of an administrative decision. The condition for its admissibility. Its conjunction with the substantive claim for annulment and with the relief - 667 - Civil Procedure sought on the merits of the action in the same statement of claim. A stay of implementation may not be requested independently. The reason: the authority to stay implementation of an administrative decision derives from, and is a branch of, the authority to annul, in addition to the element of urgency. Failure to couple the urgent request to stay implementation of the administrative decision with the substantive claim for its annulment. Its effect: inadmissibility of the urgent request for a stay of implementation. An example.