Kuwait Court of Cassation principle number 1731

A grievance against a payment order. Its effect. Placing the dispute before the court hearing the grievance to adjudicate its merits anew. The condition thereof. That the procedures for requesting the payment order are not void. - Setting aside the payment order for a reason unrelated to the petition seeking its issuance, but based on the absence of one of the substantive conditions for its issuance. The merits of the dispute must continue to be examined so that the court hearing the grievance renders a final, conclusive judgment between the creditor and debtor, as the court originally competent to adjudicate it. The court’s authority extends to examining everything relating to the right claimed by the creditor, without stopping at the existence or absence of the conditions for issuing the order. - The court of first instance’s exhaustion of its jurisdiction by adjudicating the merits of the action. Establishment of the judgment’s invalidity. The Court of Appeal must proceed to adjudicate the merits of the action by a new judgment observing the correct procedures, without stopping at declaring invalidity. The reason therefor. Example.