Kuwait Court of Cassation principle number 2208

The Court of Cassation's ruling quashing the judgment, setting aside the judgment appealed against, declaring service of the two originating statements of claim void, and remitting the action to the court of first instance for consideration. Participation by a member of the circuit that issued the first judgment in issuing the second judgment. Its effect. Nullity of the latter judgment because that member was disqualified from hearing it. The challenged judgment's contravention of this view and its ruling rejecting the plea of nullity of the judgment on the ground that prior consideration of the action means the judge's prior consideration of it at another stage or level, not at the same level. This vitiates it and requires its cassation.