Kuwait Court of Cassation principle number 361

The appellate court may not adjudicate the merits of the action if it sets aside the judgment upholding a procedural plea. It must remit it to the court of first instance. The reason for this: avoiding the loss of a level of adjudication. This concerns public policy. The Court of Appeal's departure from this view. It vitiates its judgment and requires its partial cassation. An example.