Kuwait Court of Cassation principle number 2731

The court's ratification of the parties' agreement. Permissible only in their presence and with their consent. One party's failure to appear or acknowledge the agreement. Its effect. The court must refrain from ratifying it. It is regarded as a document in the action subject to the judge's assessment. The judgment in this case may be challenged through the legally prescribed methods of challenge in accordance with the conditions prescribed for challenging judgments. Consequence thereof. A challenge may be brought only by the party against whom judgment was rendered, namely the party harmed by the judgment through rejection of all or some of his claims, or an award to his opponent of all or some of the latter's claims. - Bringing an action seeking partition and separate allocation of the undivided share in the properties in dispute. The defendant's submission of a settlement and withdrawal agreement attributed to the claimant and his request to append it to the hearing record and record its contents therein. The court's refusal to ratify it owing to the claimant's failure to appear. Its treatment as a document in the action and the court's dismissal of the action on its basis. Compliance by the court with the scope of the claims submitted. Its effect. The defendant is not regarded as having had any judgment rendered against him. The appeal brought by him is impermissible. Article 127/1 of the Civil Procedure Law.