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. - الدفع الشكلي

    Principle 4200The plea of nullity of service of the judgment. The right to raise it is forfeited if it is not raised in the notice of appeal, unless that right arose only after the notice was filed.Pleadings — Part Two · Source page ٧٧٦
  2. Principle 4201Assignment of particular actions to the various circuits of the Court of First Instance by a decision of the General Assembly. It is not a matter of subject-matter jurisdiction but merely an administrative distribution oPleadings — Part Two · Source page ٧٧٦
  3. Principle 4202A new claim on appeal. Its nature. - A claim is judged by its substance and purpose, not the words in which it was formulated. - What falls within the general scope of the original claim before the court of first instancPleadings — Part Two · Source page ٧٧٦
  4. Principle 4203The jurisdiction of the Rentals Circuit under the provisions of Decree-Law No. 35/1978. Its basis. What falls outside this jurisdiction. Example: an action by the payer for recourse against the debtor and an action in suPleadings — Part Two · Source page ٧٧٧
  5. Principle 4204A judgment issued during the course of the action that does not terminate the entire litigation. The general rule is that a separate appeal against it is impermissible. Example.Pleadings — Part Two · Source page ٧٧٧
  6. Principle 4205Invalidity of service of statements of claim and summonses. Relative invalidity not relating to public policy. Cured by the addressee’s appearance at the hearing specified in the notice or filing a memorandum of defense.Pleadings — Part Two · Source page ٧٧٧
  7. Principle 4206A judgment rendered during the course of the action that does not terminate the entire litigation. Challenging it independently. Impermissible. Except for provisional or urgent judgments, judgments staying the action, orPleadings — Part Two · Source page ٧٧٧
  8. Principle 4207The condition for ruling that a procedural act is void. That it result upon prejudice to the opposing party. - Nullity of service of the petition for cassation. Proof that the respondent submitted a defence memorandum wiPleadings — Part Two · Source page ٧٧٧
  9. Principle 4208Treating the action and the appeal as though they had never existed. Discretionary for the court. Its condition. That the delay in service, whether intentional or negligent, be attributable to an act of the plaintiff or Pleadings — Part Two · Source page ٧٧٧
  10. Principle 4209A plea of lack of functional jurisdiction where a litigant resorts to the courts in a matter agreed to be referred to arbitration. Does not concern public policy. The effect thereof. Forfeiture of the right to raise it iPleadings — Part Two · Source page ٧٧٨
  11. Principle 4210Condition for ruling that a procedural act is void. That it result in prejudice to the litigant. - Invalidity of service of the cassation appeal petition. Establishment that the respondent submitted a memorandum of his dPleadings — Part Two · Source page ٧٧٨
  12. Principle 4211A plea of lack of jurisdiction due to the existence of an arbitration clause. Does not concern public policy. It must be raised before addressing the merits, otherwise the right to invoke it is forfeited. - Addressing thPleadings — Part Two · Source page ٧٧٨
  13. Principle 4212A contract leasing commercial premises and their license for operation for the same licensed purpose, containing exceptional conditions unusual in a lease contract. A dispute concerning it falls outside the scope of applPleadings — Part Two · Source page ٧٧٨
  14. Principle 4213A procedural plea. It is forfeited if not raised in the appeal petition deposited with the court registry. Example. Concerning a plea of invalidity of service of the statement of claim.Pleadings — Part Two · Source page ٧٧٨
  15. Principle 4214Acts of sovereignty. Their nature. - Assessment of what constitutes acts of sovereignty and falls outside judicial review. Within the power of the courts. An example concerning - 778 - Civil Procedure a plea of lack of jPleadings — Part Two · Source page ٧٧٨
  16. Principle 4215A judgment founded on 2 independent grounds. The sufficiency of one to sustain its ruling. Challenging the other. Ineffectual. An example.Pleadings — Part Two · Source page ٧٧٩
  17. Principle 4216The condition for ruling that a procedural act is void. That it causes harm to the litigant. Nullity of service of the statement of cassation appeal. Establishment that the respondent submitted a memorandum of her defencPleadings — Part Two · Source page ٧٧٩
  18. Principle 4217The plea that the appeal be deemed never to have existed. When the right to invoke it is forfeited. The reason for this. It does not concern public policy.Pleadings — Part Two · Source page ٧٧٩
  19. Principle 4218Arbitration is an exceptional means of resolving disputes, provided that enforcement is possible. The plea invoking it does not concern public policy. The effect thereof.Pleadings — Part Two · Source page ٧٧٩
  20. Principle 4219The plea that the action be deemed never to have existed because more than ninety days have elapsed since it was struck out. Its connection with the interest of the litigant for whose benefit the plea was established. HePleadings — Part Two · Source page ٧٧٩
  21. Principle 4220The invalidity of service effected contrary to Article Two of the Civil Procedure Law. Relative invalidity. It does not concern public policy. The implication thereof. When the right to invoke this invalidity is forfeitePleadings — Part Two · Source page ٧٧٩
  22. Principle 4221Invoking a ground relating to public policy for the first time before the Court of Cassation. Its condition. Establishing that all the elements enabling the court determining the merits, of its own motion, to comprehend Pleadings — Part Two · Source page ٧٨٠
  23. Principle 4225A plea of inadmissibility is a matter preceding determination of the merits. Whenever the court decides to join them together, it must alert the parties to present their defence on the merits of the dispute. And if each Pleadings — Part Two · Source page ٧٨٠
  24. Principle 4226The 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. - The general rule is that, upon reaching thePleadings — Part Two · Source page ٧٨٠
  25. Principle 4227The plea that an action be deemed never to have been brought for failure to summon the appellant to appear within ninety days from the date of filing the petition. Within the court's discretion. It may refrain from applyPleadings — Part Two · Source page ٧٨١
  26. Principle 4228The petition for cassation. The plea of its nullity for failing to include the particulars prescribed by Article 153 of the Civil Procedure Law, including identification of the challenged judgment and its date. What satiPleadings — Part Two · Source page ٧٨١
  27. Principle 4229The appellee’s appearance through his representative at the hearing specified in the notice. Achieves the purpose of the procedure. A plea of its nullity. Inadmissible.Pleadings — Part Two · Source page ٧٨١
  28. Principle 4230Nullity of service of statements of claim and summonses to appear. Cured by the person served appearing at the hearing specified in the notice or filing a memorandum of his defense. The reason therefor is achievement of Pleadings — Part Two · Source page ٧٨١
  29. Principle 4232The first-instance judgment's rejection of the plea that the statement of claim is void because the served copy lacks the process server's signature. Its sufficiency, so long as it is based on sound reasons. The effect tPleadings — Part Two · Source page ٧٨١
  30. Principle 4233Procedural pleas relating to procedure that do not concern public policy. The right to raise them is forfeited if they are raised after addressing the merits. Silence as to raising them is considered an implicit waiver tPleadings — Part Two · Source page ٧٨١
  31. Principle 4234A judgment rejecting the plea that the Kuwaiti judiciary lacks jurisdiction because the female respondent resides in the State of Kuwait. When it is correct. - The sitting of certain circuits of the Court of First InstanPleadings — Part Two · Source page ٧٨٢
  32. Principle 4235The absence from the minutes of the trial hearings at first instance of any record of the respondent's appearance, his failure to submit a memorandum of defence, and the absence from the appellate court's hearing minutesPleadings — Part Two · Source page ٧٨٢
  33. Principle 4236Service of the appeal petition on the respondent at his lawyer’s office as the elected domicile, and the latter’s attendance at the hearing specified therein. This achieves the purpose of service and negates prejudice. TPleadings — Part Two · Source page ٧٨٢
  34. Principle 4237A plea of invalidity of service. A formal plea. It must be raised before addressing the merits.Pleadings — Part Two · Source page ٧٨٢
  35. Principle 4238The arbitral tribunal determines the plea concerning its lack of jurisdiction whenever that plea is invoked before addressing the merits; otherwise, the right to it is forfeited. Example.Pleadings — Part Two · Source page ٧٨٢
  36. Principle 4240Waiver of a plea or defense. Its condition. It must admit of no other interpretation. An example of what does not constitute a waiver. - A litigant's insistence in his memorandum on the plea that the appeal be deemed nevPleadings — Part Two · Source page ٧٨٢
  37. Principle 4241The plea that an appeal be deemed never to have been filed. A procedural plea unrelated to public policy. Invoking it before addressing the merits. A condition for upholding it. The basis for this. Example. - Procedural Pleadings — Part Two · Source page ٧٨٣
  38. Principle 4242A dispute over the basis of the obligation to pay the fee and the extent of its discharge is to proceed in accordance with the ordinary procedures for bringing an action, namely by a statement deposited with the registryPleadings — Part Two · Source page ٧٨٣
  39. Principle 4243Formal pleas not relating to public order. They must be raised together, where multiple, before raising any other procedural plea, request, or defense in the action. The effect of contravening that. Forfeiture of the plePleadings — Part Two · Source page ٧٨٣
  40. Principle 4244The plea that an appeal be deemed never to have been filed is a procedural plea unrelated to public policy. It must be raised before addressing the merits; otherwise, the right to raise it is forfeited.Pleadings — Part Two · Source page
  41. Principle 4246Formal pleas unrelated to public order. Must be raised together before any other procedural plea, request or defense in the action is advanced. Consequence thereof. Forfeiture of those not raised. - The plea of invaliditPleadings — Part Two · Source page
  42. Principle 4247A plea that the court lacks jurisdiction over a matter agreed to be referred to arbitration. The right to raise it is forfeited if it is raised after addressing the merits. This does not concern public policy.Pleadings — Part Two · Source page
  43. Principle 4249A litigant's recourse to the courts in a matter agreed to be subject to arbitration. A violation of the rules of functional jurisdiction. This does not concern public policy. Effect thereof. The plea of lack of jurisdictPleadings — Part Two · Source page
  44. Principle 4251The court of first instance’s ruling being confined to determining a procedural plea in the action. Its effect. It has not exhausted its jurisdiction over the merits. Reversal of its judgment. Its implication. The court Pleadings — Part Two · Source page
  45. Principle 4252A plea of failure to take a procedure required by law. A procedural plea by which the court does not exhaust its jurisdiction. The implication of that. Example. - 784 - Procedure - The principle of litigation at two levePleadings — Part Two · Source page
  46. Principle 4253Jurisdiction of Kuwaiti courts over actions brought against a foreigner. Its condition. That he have a domicile or place of residence in Kuwait. Incidental presence. Insufficient. - A foreigner having an elected domicilePleadings — Part Two · Source page
  47. Principle 4254Grounds 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 petition of appeal. CoPleadings — Part Two · Source page
  48. Principle 4255The judgment's rejection of the plea that the courts lack jurisdiction to hear actions relating to these to decisions of the National Committee for Prisoners of War and Missing Persons, on the ground that they relate to Pleadings — Part Two · Source page
  49. Principle 4257A plea of nullity of service of the statement of claim or that the action or appeal be deemed never to have existed. Procedural pleas relating to procedure that must be raised before addressing the merits, otherwise the Pleadings — Part Two · Source page
  50. Principle 4258Addressing the merits so as to forfeit a procedural plea. Occurs when the litigant presents any request or defence in the action or an incidental issue therein, or something entailing acceptance of its validity, whether Pleadings — Part Two · Source page
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