Kuwait Court of Cassation principle number 4351

The event giving rise to the right to collect judicial fees. It is the submission of the originating statement of claim or application to the court. The claimant’s obligation to pay the fees due on the action he brings or the application he makes. Its condition. The court must be lawfully seised thereof. The court’s ultimate ruling on the merits of his action or application does not alter this. Meaning thereof. The claimant is obliged to pay those fees either initially when bringing the action or ultimately if his action is heard without his having paid the fees and a judgment is rendered ordering him to pay those fees. Implication thereof. The claimant’s failure to pay the prescribed fee when bringing the action, the court’s proceeding to hear it, and the Court Registry’s delay in collecting that fee until judgment is rendered therein. Necessary consequence. The Registry is bound by the binding force of that judgment in collecting the fees due from the litigant whom the court ordered to pay them. A judgment’s contravention thereof. Vitiates it and requires its cassation. - 766 - Procedure