Kuwait Court of Cassation principle number 3302

The court of first instance exhausting its jurisdiction by adjudicating the merits of the action. Nullity of that judgment for a defect that does not extend to the originating statement of claim. The Court of Appeal must not stop at declaring the nullity. It must determine the merits by a new judgment observing the proper procedures. - Striking out an action is an incidental event affecting the proceedings during their course, removing them from the docket, and has no connection with their commencement. The Court of Appeal addressing the merits of the action and determining it after nullifying the first-instance judgment for failure to serve the statement for resumption of proceedings. No error.