Kuwait Court of Cassation principle number 3478

Obtaining an order on petition. Its condition: submission to the judge of interim matters at the court having jurisdiction to hear the dispute to which the order relates. Refusal to issue the order. Its effect. The applicant has the right to lodge a grievance before the Court of First Instance composed of three judges. The person against whom the order is issued may lodge a grievance against it before the Court of First Instance or before the judge who issued the order. - The applicant whose application was rejected lodges a grievance before the grievances circuit of the Court of First Instance, composed of a single judge—rather than the Court of First Instance composed of three judges—and a judgment is issued on the grievance. Its import. Its issuance by a court lacking jurisdiction, in violation of the rules of the courts’ subject-matter jurisdiction, which concern public policy, vitiates the judgment and requires its cassation.