Kuwait Court of Cassation principle number 2216

Establishment of the nullity of the appealed judgment owing to a defect therein or in the preceding procedures, without the nullity extending to the statement instituting the action or its service. The Court of Appeal must not confine itself to declaring nullity and must determine the merits by a new judgment observing the proper procedures. Its reaching the same result as the appealed judgment. Permissible. Non-existence of the judgment