Kuwait Court of Cassation principle number 981

The provisions of the Judicial Fees Law. Among the mandatory rules relating to public order. The court of merits must apply them of its own motion even if none of the parties invokes them, and challenging it does not constitute raising a new ground before the Court of Cassation. - Impossibility of assessing the value of an action. Its implication. Treating it as of unassessed value. The necessity of adhering to the provisions of Law 17/1973 concerning judicial fees, rather than the assessment rules provided in the Law of Procedure. The Fees Law’s lack of an assessment for an incidental indemnity action in which the plaintiff does not seek an award of a specific sum. Its effect. Imposition of a fixed fee. Articles 5, 7 of the Law. Imposing a proportional fee upon it. An error requiring cassation of the judgment.