Kuwait Court of Cassation principle number 4254

Grounds relating to public policy. The Public Prosecution and the Court of Cassation may raise them of their own motion, even if they were not previously invoked before the court of merits or in the statement of challenge. The condition for this: that they concern the challenged part of the judgment. - Litigation at two levels. Its relation to public policy. Neither the court may contravene it nor the parties waive it. The court of first instance confining itself to determining a formal or procedural plea. Does not thereby exhaust its jurisdiction. The appellate court's setting aside of this judgment. The action must be remitted to it for determination on the merits. - The first-instance judgment being confined to accepting the plea that the action may not be heard on the ground that the first respondent had not registered the distribution contract issued to it by the producing company. The challenged judgment's setting aside of that judgment and taking up determination of the merits. A contravention of law requiring its cassation.