Kuwait Court of Cassation principle number 1618

A judgment open to challenge. Its binding authority is provisional and is suspended upon its appeal until it is upheld, whereupon its binding authority returns, or reversed, whereupon that binding authority ceases. - Suspension of a judgment’s binding authority. Its effect. The court before which any dispute determined by that judgment is brought is not bound by that authority so long as the appeal has not been adjudicated. - Adjournment of the hearing of the appeal indefinitely. Does not constitute dismissal of the appeal and affirmance of the first-instance judgment. The implication. Binding authority does not return to that judgment. This is not altered by the provision of the Criminal Procedure and Trials Law that a general amnesty issued by His Highness the Amir for a particular offence or offences is deemed equivalent to a judgment of acquittal. The reason. The provision of this article does not preclude claiming civil compensation without being bound by the outcome of the criminal action. The judgment’s contravention of this. An error in the application of law requiring its cassation.