Kuwait Court of Cassation principle number 2206

Challenging judgments by an original action for invalidity. Impermissible. Exception. Invalidity in a judgment rendered by a cassation circuit in a case of disqualification. Article 103, Civil Procedure. - The general rule is that judgments may not be challenged by an original action for invalidity. The reason therefor. Where a challenge is impermissible or its avenue is closed. There is no means of setting those judgments at naught. Exception. Pleading the non-existence of the judgment or bringing an original action where the judgment lacks its essential elements. A defect alleged against it otherwise. Its effect. Invalidity, not non-existence, and the grounds of its defect may not be examined except by seeking review thereof through the appropriate avenues of challenge. - Circumstances in which a judge is disqualified from considering an action and prohibited from hearing it even if neither party seeks his recusal. What they are. The judge’s work or adjudication is void even if performed by agreement of the parties. Articles 102, 103, Civil Procedure. - A judgment rendered by a judge disqualified from considering the action. Its effect. Invalidity of the judgment, not its non-existence. - An invalid judgment remains in existence and produces its effects until set aside upon a challenge through one of the avenues of challenge prescribed by law. An action for its invalidity may not be brought. Exception. Cassation judgments in cases of dis- - 364 - Civil Procedure qualification. The reason therefor. Article 103, Civil Procedure. Example concerning an action for the non-existence of a judgment because the judge who rendered it engaged in commercial activities.