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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. أولاً: قواعد عامة

    Principle 2453The rule is that a challenge to a judgment benefits only the person bringing it and may be invoked only against the person against whom it is brought. - Failure by some of the parties against whom judgment was rendered tPleadings — Part Three · Source page 410
  2. Principle 2454The Court of Appeal's reversal of what the first-instance judgment decided on the principal claim. Its necessary consequence. The case must be remitted to the court of first instance to decide the alternative claim.Pleadings — Part Three · Source page 411
  3. Principle 2456A claim not raised before the court of first instance may not be raised for the first time on appeal. The reason therefor. - A new claim that is inadmissible for the first time on appeal. It is a claim differing from thaPleadings — Part Three · Source page 411
  4. Principle 2457The Department of Legal Advice and Legislation is the body responsible for defending the Public Treasury. - Allocation of a circuit in the Court of First Instance to hear administrative disputes. Its judgments are appealPleadings — Part Three · Source page 411
  5. Principle 2458Permissibility of changing the cause of action on appeal while the subject matter of the original claim remains unchanged. An example.Pleadings — Part Three · Source page 412
  6. Principle 2459The Court of Appeal does not stop at declaring nullity if it considers the appealed judgment void owing to a defect therein or the nullity of the preceding procedures, without the nullity extending to the statement initiPleadings — Part Three · Source page 412
  7. Principle 2461Judicial set-off. The conditions required for effecting it. Requesting it for the first time on appeal or in the form of a defence to the opposing party’s action. Impermissible.Pleadings — Part Three · Source page 412
  8. Principle 2462Rules of subject-matter jurisdiction and matters concerning the impermissibility of appeal because the action falls within the final-instance monetary jurisdiction of the court of first instance. Relate to public policy.Pleadings — Part Three · Source page 412
  9. Principle 2463Constitution of adversarial proceedings on appeal is contingent upon its service within thirty days. Exceeding this time limit. Its sanction. A request may be made to deem the appeal as never having been brought. CriteriPleadings — Part Three · Source page 412
  10. Principle 2464An appeal transfers the action to the second-instance court only in respect of the matters appealed. - The determining factor in identifying a party’s claims is the relief he requests to be awarded, not what appears in tPleadings — Part Three · Source page 412
  11. Principle 2466A judicial claim. A procedural act directed to the court against the opposing party, whereby the scope of the action is defined. The court must adhere to that scope when determining the action. - Inadmissibility of new cPleadings — Part Three · Source page 413
  12. Principle 2467The appellant's reliance before the court of first instance on the plea of prescription, which that court saw no need to examine after concluding that the indebtedness was not established. Appeal against that judgment. IPleadings — Part Three · Source page 413
  13. Principle 2468The court may impose a fine of not less than 10 dinars on a litigant who fails to deposit documents or undertake any procedural step within the time limit set for him. In such cases, instead of imposing a fine, it may orPleadings — Part Three · Source page 413
  14. Principle 2469The statement of claim in an action exceeding five thousand dinars in value, the appeal petition and the petition for reconsideration must be signed by a lawyer admitted before the court. Contravention entails nullity. FPleadings — Part Three · Source page 413
  15. Principle 2470Litigation in an action is constituted only between living persons. An action brought against a deceased person is deemed nonexistent, produces no effect, and cannot be rectified by any other procedure, even if the plainPleadings — Part Three · Source page 414
  16. Principle 2471An appealable judgment. Its res judicata effect is provisional and is suspended upon its appeal until a ruling affirms it, whereupon its res judicata effect returns, or sets it aside, whereupon that effect ceases. - SuspPleadings — Part Three · Source page 414
  17. Principle 2472Reversal of the judgment issued on the grievance against a payment order for a reason unconnected with the petition for its issuance or based on the absence of one of the conditions necessary for its issuance. Its implicPleadings — Part Three · Source page 414
  18. Principle 2474The court of first instance's exhaustion of its jurisdiction by ruling on the merits of the action, and the Court of Appeal's finding that the judgment is void owing to a defect therein or in the preceding procedures, wiPleadings — Part Three · Source page 415
  19. Principle 2475The court of first instance’s omission, through mistake or inadvertence, to determine one of the claims. It is remedied by returning to the same court to hear it. The judgment may not be appealed in respect of that claimPleadings — Part Three · Source page 415
  20. Principle 2476The two-tier litigation system is the fundamental pillar of the litigation system. - Appeal. Its effect. Article 144 of the Civil Procedure Law.Pleadings — Part Three · Source page 415
  21. Principle 2477Deposit of security: a condition for admissibility of a principal appeal brought by a petition deposited with the registry. Reason thereof: combating vexatious litigation. Absence of this reason in a cross-appeal or inciPleadings — Part Three · Source page 415
  22. Principle 2478Reinstatement of an appeal after striking out. Its condition. Service on the opposing party of notice of the scheduled hearing must be completed before ninety days have elapsed from the date of striking out. Merely submiPleadings — Part Three · Source page 415
  23. Principle 2479The system of two-tier adjudication. Its meaning. Reconsideration, for a second time before the Court of Appeal, of the same case determined by the court of first instance. - The devolutive effect of appeal. Its nature. Pleadings — Part Three · Source page 416
  24. Principle 2480The time limit for appeal is thirty days. The legislature shortened this period in urgent matters to fifteen days. - Urgent matters. What is meant thereby. - An application by the person whose property is attached to lifPleadings — Part Three · Source page 416
  25. Principle 2482An appeal against the judgment rendered in the principal action. Does not in itself bring before the court the ancillary indemnity action. The exception: where the claimant seeking indemnity was precluded from appealing Pleadings — Part Three · Source page 417
  26. Principle 2483Appellate proceedings. They are considered independent of the proceedings before the court of first instance as regards their institution and conduct. The effect: cessation of the capacity of a representative of a party Pleadings — Part Three · Source page 417
  27. Principle 2484Assessment of the value of the action by reference to the value of all claims submitted therein arising from a single legal cause. Meaning of a single legal cause. - The legal cause of a claim for dower and a wife's mainPleadings — Part Three · Source page 417
  28. Principle 2485Appeal. A second stage made available by law to the party against whom judgment was rendered at the first stage to defend his right anew. - The devolutive effect of appeal. Its meaning. - New claims. Their prohibition bePleadings — Part Three · Source page 417

  29. ثانياً: المصلحة في الاستئناف

    Principle 2486An appeal transfers the action in its existing state and the entire subject matter of the dispute, and places it anew before the Court of Appeal with its legal grounds and factual evidence, within the limits of what was Pleadings — Part Three · Source page 418
  30. Principle 2488Existence of the right to challenge a judgment by appeal. Its condition. That the appellant be a party against whom judgment was rendered and not the holder of the right in the action.Pleadings — Part Three · Source page 418
  31. Principle 2489A person in whose favor judgment was rendered has no interest in challenging it by appeal, whatever the grounds on which it was based. The implication thereof. These grounds do not acquire res judicata effect against himPleadings — Part Three · Source page 418

  32. ثالثاً: ميعاد الاستئناف

    Principle 2490The appellant’s dispute concerning the validity of the procedures for his election as president of the union by acclamation. Its consequence. He becomes a person with an interest in bringing the action. The plea that hisPleadings — Part Three · Source page 418
  33. Principle 2495The general rule is that the period for challenging a judgment begins on the date the judgment is pronounced. The exception. Its cases.Pleadings — Part Three · Source page 419
  34. Principle 2496The time limit for appeal is 30 days from the date of issuance of the judgment. Articles 129, 141 of the Law of Procedure. Extension of the time limit if the last day falls on an official holiday. Article 17 of the Law oPleadings — Part Three · Source page 419
  35. Principle 2497The time limit for challenging the judgment the judgment begins, in principle, on the date of its issuance. - The time limit for appeal is thirty days. It is calculated from the day following issuance of the judgment. FiPleadings — Part Three · Source page 419
  36. Principle 2498The period for challenging a judgment begins, as a rule, on the date it is rendered, and begins on the date it is served in cases where the party against whom judgment was rendered failed to appear at all hearings and diPleadings — Part Three · Source page 420
  37. Principle 2499The time limit for challenging a judgment. The rule is that it begins on the date of pronouncement of the judgment, and it begins on the date of service thereof if he failed to attend all appellate hearings and did not sPleadings — Part Three · Source page 420
  38. Principle 2500When the appeal period begins from the date of service of the judgment upon the litigant. Invalid service does not cause the time limit for challenge to begin.Pleadings — Part Three · Source page 420
  39. Principle 2501A judgment ruling that the right of appeal is forfeited because the appeal was brought after the time limit. It may not address the defenses or pleas raised in the action. Reason: consideration thereof arises only after Pleadings — Part Three · Source page 420
  40. Principle 2502The time limit for challenge begins, as a general rule, on the date of pronouncement of the judgment. The exceptions to that.Pleadings — Part Three · Source page 420
  41. Principle 2503The time limit for appealing judgments issued in bankruptcy. Fifteen days from the date of judgment, as an exception to the general rule. The condition for this. It makes no difference whether the judgment declares the tPleadings — Part Three · Source page 420
  42. Principle 2504Failure to identify a known domicile for the addressee within the State of Kuwait and abroad. Validity of service upon him through the Public Prosecution and calculation of the appeal period from that date.Pleadings — Part Three · Source page 420
  43. Principle 2505The rule is that the time limit for challenging a judgment begins on the date of its delivery. The exception and its cases. - 420 - Civil ProcedurePleadings — Part Three · Source page 420
  44. Principle 2506The time limit for appealing against a judgment where the litigant failed to appear before the court of first instance or to submit a memorandum of his defense. When it is calculated. - The time limit for appealing againPleadings — Part Three · Source page 421
  45. Principle 2507The time limit for challenging a judgment. When it begins. - The appeal time limit. How it is calculated. Example.Pleadings — Part Three · Source page 421
  46. Principle 2508Time limits for challenging judgments. The general rule as to their commencement: from the date of their pronouncement. The exception: time limits for challenging judgments commence from the date of their service. - The Pleadings — Part Three · Source page 421
  47. Principle 2511A ruling that the right of appeal has lapsed because the appeal was brought out of time. A ground of challenge directed against the first-instance judgment, which rested on its own reasons. Inadmissible.Pleadings — Part Three · Source page
  48. Principle 2512The debtor may lodge a grievance against the payment order within ten days from the date it is served upon him. He may appeal it directly within thirty days plus the period for lodging a grievance. - 421 - ProcedurePleadings — Part Three · Source page
  49. Principle 2513The judgment's disregard of the documents submitted by the female appellant to demonstrate the respondent's certain knowledge of the appealed judgment before filing the appeal. It is not defective on that account, this bPleadings — Part Three · Source page
  50. Principle 2514Expiry of the period for challenging what the court of first instance adjudicated. Its effect. Its acquisition of res judicata effect, and it may not be discussed or raised before the Court of Cassation. The reason therePleadings — Part Three · Source page
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