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Cassation principles Pleadings — Part Three

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 3,735 available principles

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  1. إغفال الفصل في بعض الطلبات

    Principle 2397The court of first instance's omission to determine a substantive claim. May not be challenged by appeal. Reason for this. An appeal is admissible only in respect of claims determined expressly or implicitly by the appeaPleadings — Part Three · Source page 399

  2. تنفيذ الأحكام

    Principle 2398The court's omission to determine one of the claims. The means of remedying it is to return to the same court that issued it to remedy what it failed to determine. Article 126 of the Civil Procedure Law. - Omission does Pleadings — Part Three · Source page 399
  3. Principle 2399Enforceable judgments. What is meant by them. Judgments confined to declaring or creating a right or legal status. They are not considered such. - Failure to serve the enforcement instrument before enforcement, or invaliPleadings — Part Three · Source page 399
  4. Principle 2400A judgment staying implementation of an administrative decision pending determination of the application for annulment. Temporary by its nature. Its legal existence ceases and all its effects disappear upon adjudication Pleadings — Part Three · Source page 400
  5. Principle 2401The party for whom the executory formula is appended to the judgment. A person having an interest in enforcement of the judgment, even if criminal, whenever it contains a ruling on a civil matter, on what must be returnePleadings — Part Three · Source page 400
  6. Principle 2402Res judicata authority. Its distinction from affixing the executory formula to a judgment, each having its own sphere. - Affixing the executory formula to a judgment. It has only provisional authority consistent with thePleadings — Part Three · Source page 400
  7. Principle 2403The judge’s confining himself to rejecting the application to append the executory formula to the award, without addressing the nullity of the arbitral award or taking a measure to establish it. Omission to respond to a Pleadings — Part Three · Source page 401
  8. Principle 2404A judgment ordering the tenant to surrender the leased premises. Delivery of the key to the Enforcement Department does not constitute execution thereof. The premises must be cleared of whatever occupies them and placed Pleadings — Part Three · Source page 401
  9. Principle 2405Enforcement of judgments is a judicial procedure. Its condition: directing enforcement against the judgment debtor and verifying the identity of the person against whom enforcement is undertaken. This falls upon the applPleadings — Part Three · Source page 401

  10. - تنفيذ الأحكام الأجنبية وما في حكمها

    Principle 2406Imprisonment of the debtor if he refuses to comply with a final judgment or final payment order despite his ability to pay. Its procedures and conditions. Absence of one of these conditions. Its necessary consequence. OrPleadings — Part Three · Source page 401
  11. Principle 2407Permissibility of ordering enforcement of a foreign judgment having the force of res judicata, rendered by a competent court having jurisdiction to render it under the law of the country in which the action was brought, Pleadings — Part Three · Source page 402

  12. أثر التنازل عن الحكم

    Principle 2408Judgments and orders issued in a foreign country. May be enforced in Kuwait under the same conditions prescribed in the law of that country for enforcement of judgments and orders issued in Kuwait. An application for an Pleadings — Part Three · Source page 402

  13. مسائل متنوعة

    Principle 2409The successful party's relinquishment of the judgment issued in his favor. Its effect. Relinquishment of the right established thereby. The claim to that right may not be renewed, and the relinquished judgment has no resPleadings — Part Three · Source page 403
  14. Principle 2410The determining factor in assessing the value of an action for purposes of the appeal threshold is the final claims therein.Pleadings — Part Three · Source page 403
  15. Principle 2411Decisions of the Lawyers' Disciplinary Board are considered judgments, not administrative decisions. The reason therefor. - The Public Prosecution's authority to institute disciplinary proceedings. Its scope.Pleadings — Part Three · Source page 403
  16. Principle 2413A petition for reconsideration based on documents whose forgery was acknowledged or judicially established after its issuance. Its condition. Forgery of the document forming the basis of the judgment must be established Pleadings — Part Three · Source page 404
  17. Principle 2414A judgment deeming the action as never having been instituted. Its condition: failure to serve its statement of claim within the prescribed time must be attributable to an act of the plaintiff. A judgment imposing this sPleadings — Part Three · Source page 404
  18. Principle 2416The court of merits may award full compensation instead of the provisional compensation requested of it. Its condition. Its ascertainment that the damage for which compensation is sought has definitively stabilized.Pleadings — Part Three · Source page 404

  19. أولاً: قواعد عامة

    Principle 2417Imposition of the sanction of deeming the appeal as never having been filed. Its assessment. A matter for the court of merits. Example. - 404 - Civil Procedure Methods of Challenging Judgments Appeal First: General RulesPleadings — Part Three · Source page 404
  20. Principle 2418Inadmissibility of new claims on appeal. A rule considered one of the fundamental procedural rules relating to public policy.Pleadings — Part Three · Source page 405
  21. Principle 2419When the time limit for appeal begins from the date of service of the judgment on the opposing party. Invalid service. It does not start the time limit for challenge.Pleadings — Part Three · Source page 405
  22. Principle 2420The appellant's failure to appear and the respondent's appearance. Its effect. The appeal is not struck out.Pleadings — Part Three · Source page 405
  23. Principle 2421Impermissibility of making new claims on appeal. This rule concerns public policy. The exception. Changing the basis of the claim and adding to it.Pleadings — Part Three · Source page 405
  24. Principle 2422The Court of Appeal’s obligation to remit the case to the court of first instance when it reverses its appealed judgment. Its criterion.Pleadings — Part Three · Source page 405
  25. Principle 2423The rule prohibiting new claims on appeal does not preclude changing or adding to the basis of the claim. An example of a new basis for a compensation claim. - The trial court has authority to interpret the parties' statPleadings — Part Three · Source page 405
  26. Principle 2424A litigant may supplement his challenge to the judgment with another challenge adding the pleas or defences omitted from his previous one, as long as the time limit for challenge remains open. An example concerning an apPleadings — Part Three · Source page 406
  27. Principle 2425The time limit for appealing judgments issued in bankruptcy. 15 days from the date of judgment, as an exception to the general rule. Its condition. It makes no difference whether the judgment declares the trader bankruptPleadings — Part Three · Source page 406
  28. Principle 2426The plaintiff's obligation, when filing the statement of claim, to submit the documents supporting his action and an explanatory memorandum. The same rule applies to appeals. - Reopening the action for pleadings after rePleadings — Part Three · Source page 406
  29. Principle 2427The respondent’s right to bring an incidental appeal. When it lapses. The devolutive effect of an incidental appeal. Its limits. - What does not constitute acceptance of the judgment appealed against.Pleadings — Part Three · Source page 406
  30. Principle 2428A judgment conclusively determining several claims or matters, and a principal appeal being filed against its ruling on one of them. Effect. The respondent may file an incidental appeal after expiry of the appeal period,Pleadings — Part Three · Source page 406
  31. Principle 2429New claims before the Court of Appeal. Inadmissible. - Omission to determine some claims before the court of first instance. Means of remedying it. Article 126 of the Civil Procedure Law. - 406 - Civil ProcedurePleadings — Part Three · Source page 406
  32. Principle 2430The adversarial principle between the parties before the court. How it is achieved. By service or by enabling the party to confront it. Claims presented to him and responding to them. The effect of this. Absence of prejuPleadings — Part Three · Source page 407
  33. Principle 2431Effecting judicial set-off. It must be raised in the form of an incidental claim in the original action. Requesting it in the form of a defence to the opposing party's action or for the first time on appeal. ImpermissiblPleadings — Part Three · Source page 407
  34. Principle 2432Challenge by way of cassation is confined to judgments issued by the Court of Appeal and final judgments, regardless of the court that issued them, if they decided a dispute contrary to another judgment previously issuedPleadings — Part Three · Source page 407
  35. Principle 2434The court of first instance’s exhaustion of its authority upon upholding the plea that the action may not be heard. Its effect. The court of second instance may determine the merits of the action upon ruling to set asidePleadings — Part Three · Source page 407
  36. Principle 2435The respondent's right to lodge a subsidiary appeal. Its condition: nonacceptance of the judgment after the principal appeal is lodged. This concerns public policy. It may be invoked for the first time before the Court oPleadings — Part Three · Source page 407
  37. Principle 2436Prohibition on admitting any new claim before the appellate court. The reason for this. - The statement of claim being confined to a request for judicial divorce without addressing its financial consequences. The complaiPleadings — Part Three · Source page 408
  38. Principle 2437Proceedings on appeal. Their scope in terms of the parties. - Joining a party for the first time before the appellate court constitutes the commencement of a new action before it. This contravenes the rules of jurisdictiPleadings — Part Three · Source page 408
  39. Principle 2438Claims before the appellate court. Their scope. Those decided by the court of first instance and against which an appeal was brought. New claims on appeal are inadmissible. - The court of first instance's omission, by miPleadings — Part Three · Source page 408
  40. Principle 2439The requirement that a lawyer sign the appeal petition. Its purpose. The sanction for omission of this procedure is nullity. Its relation to public policy. An example.Pleadings — Part Three · Source page 408
  41. Principle 2441Assessment of the value of the action with respect to the appeal threshold is based on the parties' final claims. Example. - Inadmissibility of appeals against judgments rendered within the nonappealable monetary limit oPleadings — Part Three · Source page 409
  42. Principle 2442Failure to invoke in the appeal petition a ground of procedural nullity unrelated to public policy. The right to raise it during the hearing of the appeal lapses. The basis for that. Example.Pleadings — Part Three · Source page 409
  43. Principle 2444The system of litigation at two levels. It is the resubmission to the Court of Appeal of the dispute determined by the court of first instance, without submitting a new case. - An appeal transfers to the appellate court Pleadings — Part Three · Source page 409
  44. Principle 2446The fundamental pillar of the system of litigation at two levels is the reconsideration, for a second time before the Court of Appeal, of the same case determined by the court of first instance. - 409 - Civil ProcedurePleadings — Part Three · Source page 409
  45. Principle 2447The appellant's claims set out in the statement of appeal are the criterion for determining what is challenged on appeal of the ruling of the court of first instance, rather than what he again requests in his memoranda. Pleadings — Part Three · Source page 410
  46. Principle 2448The value of the action for purposes of the appeal threshold is assessed on the basis of the litigants' latest claims.Pleadings — Part Three · Source page 410
  47. Principle 2449Appeal. Its scope. The Court of Appeal's determination of a new subject matter not presented to the court of first instance. Impermissible. Reason thereof. Avoiding deprivation of one of the two levels of adjudication, wPleadings — Part Three · Source page 410
  48. Principle 2450The appeal period is thirty days unless the law provides otherwise. - Challenging judgments from the date of their pronouncement as a general rule. Exception: its nature. Example.Pleadings — Part Three · Source page
  49. Principle 2451The respondent may, until the close of pleadings and after expiry of the appeal period, bring an incidental appeal through the ordinary procedures or by a memorandum containing the grounds of his appeal.Pleadings — Part Three · Source page
  50. Principle 2452Judgments issued by the court of first instance on a final basis may not be appealed unless the law provides otherwise, or they were issued contrary to a previous judgment that has not acquired the force of res judicata,Pleadings — Part Three · Source page
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