Kuwait Court of Cassation principle number 2209

The court of first instance’s exhaustion of its jurisdiction by determining the merits of the action. The Court of Appeal’s conclusion that the judgment is void owing to a defect therein or the nullity of the procedures preceding it, without the nullity extending to the statement of claim. It must determine the merits by a new judgment observing the proper procedures and must not confine itself to declaring nullity, without this constituting deprivation of a level of litigation.