Kuwait Court of Cassation principle number 2994

Appeal. Its effect. Transferring the action in the state it was in before the appealed judgment was rendered, solely in respect of what is appealed. - A conclusive ruling that was not the subject of an appeal. Its acquisition of the force of res judicata, which prevails over rules of public policy. - The Commercial Circuit of the Court of First Instance ruling that it lacked subject-matter jurisdiction to hear the action and referring it in its existing state to the Administrative Circuit of the Court of First Instance, which decided it, and the challenger appealing this judgment without impugning the Administrative Circuit's subject-matter jurisdiction. Consequence. The Commercial Court's ruling that it lacked subject-matter jurisdiction and referring the action to the Administrative Circuit has become irrevocable and acquired the force of res judicata. It may therefore not be disputed before the Court of Cassation. - 506 - Procedure