Kuwait Court of Cassation principle number 1801

An order prohibiting a debtor from travelling. A grievance against it is brought through the ordinary procedures for bringing an action and may be brought incidentally to the original action through the procedures for incidental claims. The judgment rendered on this grievance is subject to the methods of challenge prescribed for judgments, including appeal. - A travel ban. A conservatory or provisional measure to prevent the debtor from fleeing before the creditor obtains an enforceable instrument. Its continuation until the debtor's obligation towards his creditor is extinguished. Its lapse in the circumstances specified in Article 298 Procedure. - The element of urgency. Is not required for an application for a travel ban. The challenged judgment's departure from this, its treatment of the grievance against the order prohibiting the debtor from travelling as an urgent matter, and its consequent ruling that the right of appeal had lapsed because the appeal statement was filed with the registry more than fifteen days after the date of issuance of the appealed judgment, whereas the statement was filed within thirty days from the date of issuance of that judgment. Vitiates it with an error in applying the law and requires its cassation.