Kuwait Court of Cassation principle number 2757

Appealing judgments rendered within the final-instance monetary jurisdiction of courts of first instance. Permissible as an exception to the general rules in circumstances including nullity affecting the judgment. This includes a judgment rendered by a panel disqualified from considering the action and prohibited from hearing it. The determining factor in expressing an opinion that entails a judge’s disqualification. His performing an act that gives him an opinion on the action or personal knowledge incompatible with the requirement that his mind be free of preconceptions regarding its subject matter. A judge’s consideration of an application for a payment order in the absence of the litigants and without oral argument. Does not prevent him from considering the objection brought by the person against whom the order was issued pursuant to Article 164 of the Law of Procedure. The challenged judgment’s departure from this view. Vitiates it and necessitates its cassation.