Kuwait Court of Cassation principle number 3523

A grievance against a payment order. Its effect. Bringing the dispute before the court hearing the grievance for a fresh determination on its merits. The condition for this. The procedures for requesting the payment order must not be void. - Annulment of the payment order for a reason unrelated to the petition seeking its issuance, but based on the absence of one of the substantive conditions for its issuance. The merits of the dispute must continue to be examined so that the court hearing the grievance issues a final, decisive judgment between creditor and debtor, as the court originally competent to determine it. The court's authority extends to examining everything relating to the right claimed by the creditor, without stopping at the presence or absence of the conditions for issuing the order. - The court of first instance exhausting its jurisdiction by ruling on the merits of the action. The nullity of the judgment being established. The Court of Appeal must proceed to determine the merits of the action by a new judgment observing the proper procedures, without stopping at declaring nullity. The reason for this. An example.