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. لعدم إعلانها خلال الميعاد

    Principle 1769Failure to serve the statement of claim within ninety days from the date of its filing with the court registry. Its effect. The action may be deemed never to have been instituted. Its condition. The defendant must requesPleadings — Part Two · Source page ٣٢٠
  2. Principle 1770Failure to summon the defendant to appear within ninety days from the date of filing the statement. Article 49 of the Code of Procedure. Its difference from failure to serve notice of resumption of the action within ninePleadings — Part Two · Source page ٣٢٠
  3. Principle 1771Deeming an action as never having been brought for failure to summon appearance within the time limit prescribed by law. Discretionary upon the request of the defendant or respondent. Application of this sanction. Its coPleadings — Part Two · Source page ٣٢١
  4. Principle 1772Deeming an action or appeal never to have been brought for failure to summon the other party to appear within the time limit. Such a ruling may be made upon the request of the defendant or respondent. The condition therePleadings — Part Two · Source page ٣٢١
  5. Principle 1773The statement of claim. Must be served within sixty days from the date of its deposit with the court registry. Breach thereof. The action may be deemed never to have been brought at the defendant’s request. The conditionPleadings — Part Two · Source page ٣٢١
  6. Principle 1775Deeming an action never to have been instituted for failure to observe the time limit for service. The two conditions for imposing it. Assessment of whether to impose this sanction and not ordering it despite fulfilment Pleadings — Part Two · Source page ٣٢١

  7. لعدم تجديدها من الشطب خلال الميعاد

    Principle 1776The statement of claim. It must be served within ninety days from the date of its filing with the court's Registry Department. Contravention thereof. The action may be deemed never to have been brought upon the defendantPleadings — Part Two · Source page ٣٢٢
  8. Principle 1777Striking out an action and deeming it as never having been brought. Restricted to litigation procedures before the courts. Their inapplicability to procedures conducted before the Labour Office. No scope for analogy becaPleadings — Part Two · Source page ٣٢٢
  9. Principle 1778Deeming the action never to have been brought owing to the passage of more than six months from the date it was struck off. It may be waived expressly or implicitly. No return is permissible to that in respect of which tPleadings — Part Two · Source page ٣٢٢
  10. Principle 1780Deeming an action never to have existed because the prescribed period for resuming proceedings has expired. The court must so rule whenever requested, whatever the reason for failing to resume proceedings in the action, Pleadings — Part Two · Source page ٣٢٢
  11. Principle 1781The plea that the action is deemed never to have been brought because more than ninety days have elapsed since it was struck out. Its connection to the interest of the litigant for whose benefit the plea was established.Pleadings — Part Two · Source page ٣٢٢
  12. Principle 1782Failure to reinstate actions after striking out within the time limit prescribed in Article 59 of the Code of Procedure. Its effect. They are deemed never to have been brought. How this is effected and its consequences.Pleadings — Part Two · Source page ٣٢٣
  13. Principle 1783The sanction of deeming the action never to have been brought. Its inapplicability to an appeal in cassation. The rationale therefor.Pleadings — Part Two · Source page ٣٢٣
  14. Principle 1785Deeming an action never to have been instituted when notice of resumption of proceedings therein is not served within ninety days from the date of its striking out. Its basis. Article 59 of the Civil Procedure Law. AppliPleadings — Part Two · Source page ٣٢٣
  15. Principle 1788The plea that an action be deemed never to have been brought. A formal plea relating to procedure. It must be raised before addressing the merits. Addressing the merits so as to extinguish the plea. How this occurs. A liPleadings — Part Two · Source page ٣٢٣
  16. Principle 1789The sanction of deeming an action as never having been brought because more than ninety days have elapsed since its striking out without its reinstatement. Established for the opposing party’s benefit and unrelated to puPleadings — Part Two · Source page ٣٢٤
  17. Principle 1791The right to reactivate an action after its striking out. Available to both the claimant and the defendant. The condition thereof: the opposing party must be served with notice of the hearing scheduled before expiry of tPleadings — Part Two · Source page ٣٢٤
  18. Principle 1793Reinstatement of the action within 90 days of its being struck off. A mandatory time limit. The criterion for its fulfilment is the constitution of adversarial proceedings. The means thereof is service, through which thePleadings — Part Two · Source page ٣٢٤

  19. لعدم تعجيلها خلال الميعاد بعد وقفها جزاءً

    Principle 1795Proceedings in an action or appeal must be resumed, where a stay has been ordered as a sanction, within thirty days of the end of the stay period. The reason therefor: expediting the pursuit of litigation procedures withPleadings — Part Two · Source page ٣٢٥

  20. لعدم تنفيذ ما أمرت به المحكمة بعد الوقف الجزائي

    Principle 1796The plaintiff’s failure to take any procedural step within the time limit. The court may order a stay of the action for a period not exceeding three months. Resumption of the action after expiry of the period without thePleadings — Part Two · Source page ٣٢٥
  21. Principle 1797The plaintiff's failure to perform a procedural act within the time limit. Its effect. The court may stay the action as a sanction and then rule that it is deemed never to have been. - A judgment deeming an action never Pleadings — Part Two · Source page ٣٢٦
  22. Principle 1798A litigant's failure to carry out what the court ordered upon the stay. A ruling deeming the action never to have been brought is permissible.Pleadings — Part Two · Source page ٣٢٦

  23. عدم قبول الدعوى

    Principle 1801Permissibility of ruling, upon the defendant's request, that the action is deemed never to have been if he is not summoned to appear within ninety days from the date of submission of the statement of claim. The conditionPleadings — Part Two · Source page ٣٢٦
  24. Principle 1802The two-year period concerning inadmissibility of actions, claims, or complaints before judicial, arbitral, or investigative bodies in respect of transactions involving company shares concluded on deferred terms and not Pleadings — Part Two · Source page ٣٢٧
  25. Principle 1803Transactions in company shares concluded on deferred terms that were not registered within the specified time limit. Inadmissibility of an action, claim or complaint relating thereto before the lapse of two years. ExpiryPleadings — Part Two · Source page ٣٢٧
  26. Principle 1804Referral of the debtor to the Institution for Settlement of Deferred Transactions in Company Shares. Does not prevent an unsecured creditor from obtaining a judgment for his debt. The effect of referral. Merely staying ePleadings — Part Two · Source page ٣٢٧
  27. Principle 1805A judgment must be based on clear and manifest reasons that support it and are sufficient to sustain it; otherwise it is defective. A judgment concluding that the action in its entirety is inadmissible without definitivePleadings — Part Two · Source page ٣٢٧
  28. Principle 1806Transactions concerning company shares concluded on deferred terms that were not registered. No action, claim or complaint concerning them is admissible before judicial, arbitral or investigative bodies before the lapse Pleadings — Part Two · Source page ٣٢٧

  29. الحكم في موضوع الدعوى

    Principle 1807A plea that the action is inadmissible for lack of capacity may be raised at any stage of the action and for the first time before the Court of Appeal. The reason therefor. - 327 - Procedure - The general rule is that a Pleadings — Part Two · Source page ٣٢٧
  30. Principle 1808A defense based on any element of the action, on the determination of which judgment in the action depends. The court of merits must resolve it.Pleadings — Part Two · Source page ٣٢٩
  31. Principle 1809The challenged judgment basing its ruling on its own reasons. Its confining itself to ruling that the action brought by the worker is inadmissible for having been brought otherwise than through the procedure prescribed bPleadings — Part Two · Source page ٣٢٩

  32. الحكم بانتهاء الدعوى

    Principle 1810Stating in the judgment the litigants' names, capacities, each one's domicile or workplace, and their attendance or absence. Restricted to the principal litigant having an interest therein. The judgment's omission of a nPleadings — Part Two · Source page ٣٢٩
  33. Principle 1811The provisions of Law No. 42/1984 concerning the waiver of nullity of transactions in shares of joint-stock companies conducted in contravention of Articles 106/1 and 109 of Law 15/1960. Matters of public policy. Courts Pleadings — Part Two · Source page ٣٣٠
  34. Principle 1812The provisions contained in Law No. 42/1984 concerning the waiver of the nullity of transactions in shares of joint-stock companies conducted in violation of Articles 106/1, 109 of Law 15/1960, and in shares of Gulf compPleadings — Part Two · Source page ٣٣٠
  35. Principle 1813Shares and securities of joint-stock companies. Trading therein in violation of Law 32/1970 before Law 42/1984 came into force. Validation of such dealings. Its consequence is that actions brought for the nullity of suchPleadings — Part Two · Source page ٣٣٠
  36. Principle 1814An interest is a condition for the permissibility of an appeal. Example. A request to appoint an expert before the court of first instance and its granting of that request. A ruling that the action has ended and its affiPleadings — Part Two · Source page ٣٣٠
  37. Principle 1815The plea that the action has terminated by settlement. A right established for both parties thereto until a final judgment is rendered therein. Reliance thereafter on the settlement agreement in a separate action to overPleadings — Part Two · Source page ٣٣٠
  38. Principle 1816The provisions of Decree-Law 49/1987 validating dispositions made in respect of shareholders' rights in joint-stock companies whose incorporation procedures had not been completed and the trading of those rights before LPleadings — Part Two · Source page ٣٣١
  39. Principle 1817The general rule is that a non-Kuwaiti engaging independently in trade in Kuwait is impermissible. The exception: he may invest his funds deposited in banks and companies, Article 23 of Law 45 of 89. The condition therefPleadings — Part Two · Source page ٣٣١

  40. استنفاد الولاية

    Principle 1820Nullity of a judgment in respect of which the court of first instance has exhausted its jurisdiction. Appeal of that judgment. The Court of Appeal must not stop at declaring nullity. It must proceed to determine the meriPleadings — Part Two · Source page ٣٣٢
  41. Principle 1821Exhaustion by the court of first instance of its jurisdiction through judgment on the merits of the action. Nullity of that judgment owing to a defect that does not extend to the originating statement of claim. The CourtPleadings — Part Two · Source page ٣٣٢
  42. Principle 1822The Court of Appeal’s reversal of the judgment on the principal claim. It must remit the case to the court of first instance to adjudicate the alternative claim.Pleadings — Part Two · Source page ٣٣٢
  43. Principle 1823Definitive adjudication of one of the issues presented to the court. Its effect. Exhaustion of its jurisdiction over it, and it is precluded from returning to determine it by another adjudication.Pleadings — Part Two · Source page ٣٣٢
  44. Principle 1824A judgment that acquires res judicata effect. Its condition. It must be conclusive by putting an end to the dispute in the action in its entirety, or in part thereof, or in an issue arising therefrom, and the court therePleadings — Part Two · Source page ٣٣٢
  45. Principle 1825The Court of Appeal's obligation to remit the action to the court of first instance if it reverses its appealed judgment. Its criterion.Pleadings — Part Two · Source page ٣٣٢
  46. Principle 1826The court's determination by a conclusive ruling of what was submitted to it. Its effect. Exhaustion of its jurisdiction. Application thereof to non-conclusive judgments. The condition therefor. - 332 - ProcedurePleadings — Part Two · Source page ٣٣٢
  47. Principle 1827Exhaustion by the court of first instance of its jurisdiction. Appeal against this judgment. Its effect. The Court of Appeal must determine the merits of the action, without this being regarded as an assumption of originPleadings — Part Two · Source page ٣٣٣
  48. Principle 1828The court of first instance’s ruling that an action is inadmissible for lack of evidence exhausts its adjudicative authority. The Court of Appeal’s reversal of that judgment. Its effect. Remittal to the court of first inPleadings — Part Two · Source page ٣٣٣
  49. Principle 1829The binding force of a judgment attaches to what it has definitively determined. What the judgment did not address in its adjudication does not exhaust the court’s jurisdiction. Its effect: a plea that the action may notPleadings — Part Two · Source page
  50. Principle 1830Giving the action its correct legal characterization. A duty of the court of merits in order to determine its jurisdiction. - The proceedings whose termination is considered are the original proceedings. A judgment decliPleadings — Part Two · Source page
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