Kuwait Court of Cassation principle number 2035

A judgment's susceptibility to challenge. Its connection with public policy. The consequence thereof. The court must ascertain of its own motion whether the challenge is permissible and whether its conditions are met. - Judgments issued during the course of proceedings that do not terminate the litigation in its entirety. They may not be challenged independently before issuance of the concluding judgment terminating the litigation in its entirety. Challenging them before that. Its effect. A ruling that the challenge is impermissible is required. The exception. The judgments exhaustively specified by the legislature, namely interim and urgent judgments, judgments staying the action, and those susceptible to compulsory enforcement. The reason for this. So that a single case is not fragmented and distributed among the different levels of courts, thereby impeding determination of its merits, in addition to increasing litigation costs and causing contradictory judgments if the court hearing the challenge issues a decision setting aside the non-terminating judgment challenged independently while the original litigation continues pending before the court of merits. What does not alter this. - The effect of cassation of a judgment:-