المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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Cassation principles Pleadings — Part Two

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 3,806 available principles

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  1. تاسعاً: إجراءات نظر الدعوى وإثباتها

    Principle 1524The court is not obliged to take a measure that has not been requested of it and for which it sees no reason. Example.Pleadings — Part Two · Source page ٢٧٩
  2. Principle 1526Reserving the action for judgment without granting leave to submit documents. Refusal to accept documents does not constitute a violation of the right of defence. The reason for that.Pleadings — Part Two · Source page ٢٧٩
  3. Principle 1527Judgments ordering evidentiary procedures. They do not interrupt the sequence of proceedings in the action. The effect thereof. The time limit for the judgment begins on the date of delivery of the judgment terminating tPleadings — Part Two · Source page ٢٧٩
  4. Principle 1528The provision prohibiting postponement of delivery of judgment more than twice, Article 114 of the Civil Procedure Law. Merely an organizational rule, breach of which vitiates the judgment.Pleadings — Part Two · Source page ٢٨٠
  5. Principle 1529Submitting documents during deliberations after the close of pleadings in the action. Impermissible. Documents submitted by the litigants during the hearing of the action before the court or before the appointed expert iPleadings — Part Two · Source page ٢٨٠
  6. Principle 1531The claimant must prove the fact he alleges. What is meant by claimant. The person who alleges something contrary to the apparent state of affairs. - The presumption regarding personal rights is freedom from liability. TPleadings — Part Two · Source page ٢٨٠
  7. Principle 1532The Court of Appeal’s obligation to remit the action to the court of first instance if it sets aside its appealed judgment. Its prerequisite.Pleadings — Part Two · Source page ٢٨٠
  8. Principle 1533The court's disregard of documents or memoranda submitted during the period in which the action was reserved for judgment without the court's permission. It does not vitiate the judgment.Pleadings — Part Two · Source page ٢٨٠
  9. Principle 1534Failure of the plaintiff or appellant to attend the hearing does not preclude adjudication therein. The condition therefor. Example: the Court of Appeal proceeding to determine the action and not ordering it struck out fPleadings — Part Two · Source page ٢٨٠
  10. Principle 1535Addressing the merits when examining a grievance against an attachment order. Impermissible. - Conservatory attachment of the debtor’s property held by a third party. Conditions for its imposition. A dispute over the debPleadings — Part Two · Source page ٢٨١
  11. Principle 1536Application of the correct legal rule to the facts of the action. Within the authority of the Court of Appeal, without regard to the characterization by the litigants or by the judgment appealed against if it is contraryPleadings — Part Two · Source page ٢٨١
  12. Principle 1537The court has full authority to hear and determine the action in the absence of the litigants whenever it is ready for judgment, or to strike it off.Pleadings — Part Two · Source page ٢٨١
  13. Principle 1538The primary method of bringing an action. It is filing its statement of claim, whereas constitution of the litigation requires service of that statement. Confrontation between the two parties at the hearing dispenses witPleadings — Part Two · Source page ٢٨١
  14. Principle 1540Ascertaining the facts and inferring fault, damage, and the injured person’s knowledge of the occurrence of the damage and the identity of the person responsible for it. Matters of fact independently determined by the trPleadings — Part Two · Source page ٢٨١
  15. Principle 1541An appeal based on a contradiction between two final judgments. The condition for its admissibility. Example of a judgment awarding rent for a property contrary to an earlier judgment reducing the rental value. - 281 - PPleadings — Part Two · Source page ٢٨١
  16. Principle 1542Nullity of statements of claim and summons documents arising from a defect in service. Its nature.Pleadings — Part Two · Source page ٢٨٢
  17. Principle 1544Assessment of the sufficiency of the evidence, presumptions, and documents submitted in the action, and assessment of the connection between two actions justifying their consolidation. Within the authority of the court oPleadings — Part Two · Source page ٢٨٢
  18. Principle 1545Recourse to the payment order procedure. Its conditions: claiming a sum of money established in writing, of a specified amount and due for payment, or movable property specified by kind and quantity. A debt of unspecifiePleadings — Part Two · Source page ٢٨٢
  19. Principle 1546Achievement of the objective of the procedural act despite the absence of form. Its consequence. Absence of harm, leaving no grounds for a ruling of nullity. Example. Concerning the absence of the process server's name aPleadings — Part Two · Source page ٢٨٢
  20. Principle 1547The procedure for bringing an action is completed by submitting its statement of claim to the registry. Its effect. The effects of a judicial demand arise. - The procedure for serving the statement of claim is independenPleadings — Part Two · Source page ٢٨٢
  21. Principle 1548Omission from the statement of claim of the last domicile, place of residence, or workplace of the defendant or his representative. It does not entail its nullity. - The procedure for filing the statement of claim is indPleadings — Part Two · Source page ٢٨٢
  22. Principle 1549A procedural plea. Forfeited if not raised in the appeal petition deposited with the court registry. Example concerning a plea of invalid service of the statement of claim.Pleadings — Part Two · Source page ٢٨٣
  23. Principle 1550The appellant’s absence and the attendance of a representative of the respondent. Do not prevent the court from hearing the action.Pleadings — Part Two · Source page ٢٨٣
  24. Principle 1551The statement of appeal produces its effects from the date it is filed with the court registry, but proceedings are not constituted until it is served. The reason therefor. - Delay in service through the appellant's act Pleadings — Part Two · Source page ٢٨٣
  25. Principle 1552Institution of criminal proceedings. Not effected merely by a complaint or report. - A conditional stay of the civil action pending determination of the criminal proceedings. Its condition.Pleadings — Part Two · Source page ٢٨٣
  26. Principle 1553A statement of claim containing two claims differing in subject matter, cause, and parties. They are regarded as two independent actions brought together in one pleading. Each may be challenged independently. A judgment Pleadings — Part Two · Source page ٢٨٣
  27. Principle 1554Documents and memoranda submitted at the hearing in the litigants' absence. They need not be served upon them. The reason therefor.Pleadings — Part Two · Source page ٢٨٣
  28. Principle 1555Service of the notice of appeal within thirty days of its filing. A procedure necessary for the constitution of the proceedings. - The respondent’s right to request that the appeal be deemed never to have been brought. WPleadings — Part Two · Source page ٢٨٣
  29. Principle 1556Constitution of proceedings. Its criterion. - Nullity of service of the statement of claim. Its effect. The Court of Appeal rules that the appealed judgment is void without proceeding to determine the merits of the actioPleadings — Part Two · Source page ٢٨٤
  30. Principle 1557Companies jointly owned by Kuwaitis and non-Kuwaitis. The legislature's departure from the general rules concerning the institution, registration, service, hearing, and appeal of an action. Delivery of the notice of servPleadings — Part Two · Source page ٢٨٤
  31. Principle 1558Reserving the action for judgment and granting leave to submit memoranda within a specified period. Its effect. Pleadings remain open. The implication thereof. The respondent may bring an incidental appeal.Pleadings — Part Two · Source page ٢٨٤
  32. Principle 1559Reservation of the action for judgment after the close of argument therein. Its effect. The court is not obliged to grant the litigants' request to reopen argument therein. The reason therefor.Pleadings — Part Two · Source page ٢٨٤
  33. Principle 1561Documents submitted by a party during the hearing of the action and the pursuit of its progress before the court or the expert. Are deemed part of the case papers on which the court may rely in its adjudication, providedPleadings — Part Two · Source page ٢٨٤
  34. Principle 1565Proof of the procedures for hearing and adjudicating the action. What counts is solely what is recorded in the judgment and the hearing minutes. Example.Pleadings — Part Two · Source page ٢٨٥
  35. Principle 1566The appeal transfers the action in the state in which it stood before the appealed judgment was issued, only in respect of the matters appealed.Pleadings — Part Two · Source page ٢٨٥
  36. Principle 1568The death of either party to the proceedings after the action has become ready for judgment on its merits does not prevent judgment therein. The basis thereof. Article 94 of the Civil Procedure Law. - When an action is cPleadings — Part Two · Source page ٢٨٥
  37. Principle 1569Re-examination before the Court of Appeal, for a second time, of the case determined by the Court of First Instance. It is the fundamental pillar of the two-tier litigation system.Pleadings — Part Two · Source page ٢٨٥
  38. Principle 1571A request for the taking of witness evidence. May be submitted at any stage of the action. Enabling a litigant to bring rebuttal witnesses before the court of first instance and his failure to do so. The Court of Appeal Pleadings — Part Two · Source page ٢٨٦
  39. Principle 1572The decisive oath. A litigant may tender it to his opponent at any stage of the action. The court's granting of the request to tender it. Its condition. That it be material to the action and not abusive; the court may dePleadings — Part Two · Source page ٢٨٦
  40. Principle 1573An appeal transfers the action, within the limits of the matters appealed, to the court of second instance, together with the pleas and grounds of defence previously raised by the respondent before the court of first insPleadings — Part Two · Source page ٢٨٦
  41. Principle 1574The supplementary oath. Its purpose. To ease the judge's conscience where the evidence in the action is insufficient. The litigant's taking thereof. Its effect. The judge may rule on its basis as supplementing the other Pleadings — Part Two · Source page ٢٨٦
  42. Principle 1576A defence for which no evidence or supporting document has been submitted. The court hearing the merits may not be required to adjudicate it.Pleadings — Part Two · Source page ٢٨٦
  43. Principle 1577Presenting grounds of defence. A matter for the litigants alone. - The court’s granting the litigants permission to submit memoranda when reserving the action for judgment. Not required.Pleadings — Part Two · Source page ٢٨٦
  44. Principle 1578The litigants' presentation of argument in the action and its reservation for judgment. The court incurs no fault if it does not grant a request to reopen it for argument. The reason therefor. - 286 - Civil ProcedurePleadings — Part Two · Source page ٢٨٦
  45. Principle 1579Documents and grounds of defence submitted by a party during consideration of the action. They are considered papers in the action upon which the court may rely in its judgment. The condition therefor. That they have beePleadings — Part Two · Source page ٢٨٧
  46. Principle 1580Failure to specify the hearings at which the case was heard and to record whether the parties attended or not. No nullity.Pleadings — Part Two · Source page ٢٨٧
  47. Principle 1581The Public Institution for Social Security. Its obligation to pay the pensions, gratuities and compensation provided for in Decree-Law 69 of 1980. Relates to public order. Military personnel claiming their entitlements fPleadings — Part Two · Source page ٢٨٧
  48. Principle 1583Rights arising from application of the provisions of the Private Sector Labour Law. Claims thereto may not be heard after one year from the date of termination of the contract. The reason therefor. - The period prescribePleadings — Part Two · Source page ٢٨٧
  49. Principle 1584Submission of an application to the Ministry of Social Affairs and Labor. It is the legal means by which the court becomes seized of the labor action, and judicial demand begins thereby. Its implication. Cessation of thePleadings — Part Two · Source page
  50. Principle 1586The right of access to justice. Guaranteed by the Constitution to all people, so that it may not be withheld from some of them, nor may they be prevented from enjoying it in all its dimensions. The legislature may regulaPleadings — Part Two · Source page
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