Kuwait Court of Cassation principle number 4381

Grounds relating to public policy. The parties, the Public Prosecution and the court may raise them of their own motion in an appeal in cassation, even if they were not previously asserted before the court of merits or in the appeal petition. The condition for this. - Subject-matter jurisdiction. It is considered present in the litigation and always before the court, even if no plea concerning it is raised before it. The right to raise and assert it is not forfeited, even where the parties have previously waived it, and the court must rule on it of its own motion. The rationale. Its relation to the foundations of judicial organization. - The Administrative Circuit of the Court of First Instance. Its jurisdiction to hear the matters specified in the law establishing it. - The Administrative Circuit of the Court of First Instance. The legislature assigned it a special system for preparing actions before they are brought before it, prescribed a particular threshold for appealing its judgments, required service of the statement of claim and the appeal petition within the three days following the filing of the petition, and imposed a fixed fee on some of these actions.