المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
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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. الأحكام التي يجوز أو التي لا يجوز الطعن فيها بالاستئناف

    Principle 2638Inadvertent omission to decide some substantive claims. Does not constitute a ground for challenging the judgment through the appropriate method of challenge. The means of remedying it. Returning to the same court so thaPleadings — Part Three · Source page 445
  2. Principle 2639The arbitrators’ award and the rule that it may not be appealed. The means of challenging it is an original action for nullity in certain exhaustively specified cases. These cases must not be used as a means of criticisiPleadings — Part Three · Source page 445
  3. Principle 2640Challenging by appeal the judgment rendered on a grievance against an order assessing fees is barred only where the subject matter of the application or action is not amenable to this avenue of challenge. What is meant tPleadings — Part Three · Source page 445
  4. Principle 2641An arbitrator's award may not be appealed unless the litigants agree thereto before it is rendered. - An application to annul an arbitrator's award in exhaustively specified cases. It may not be used as a means of gaininPleadings — Part Three · Source page 445
  5. Principle 2642Permissibility of appealing a judgment issued within the final-instance monetary threshold if it contradicts an earlier judgment that has not acquired the force of res judicata. The court hearing the appeal against the sPleadings — Part Three · Source page 446
  6. Principle 2643Complete omission to decide some claims through inadvertence or error. Its remedy is to return to the same court that omitted them, not to challenge the judgment. The Court of Appeal's failure to address the claim omittePleadings — Part Three · Source page 446
  7. Principle 2644The court’s complete inadvertent omission to determine some claims. The remedy is to return to the same court, not to challenge the judgment. - Appealing a first-instance judgment for its omission to determine maintenancPleadings — Part Three · Source page 446
  8. Principle 2645Rules concerning whether a judgment is susceptible to challenge are governed by the law in force when the judgment is rendered and apply immediately because they relate to public policy. - The rule is that judgments rendPleadings — Part Three · Source page 446
  9. Principle 2646The decree-law concerning the subject-matter jurisdiction of the labor circuits of the Court of First Instance over labor disputes. Its provisions contain nothing indicating that judgments issued by the labor circuits arPleadings — Part Three · Source page 446
  10. Principle 2647Delivery of the judgment appealed against within the Court of First Instance’s final-instance monetary jurisdiction. It may not be appealed.Pleadings — Part Three · Source page 447
  11. Principle 2649Assessment of the value of the action in relation to the appeal threshold. Regard is had to the latest claims. An example.Pleadings — Part Three · Source page 447
  12. Principle 2650Appealing judgments rendered within the final-instance monetary jurisdiction of courts of first instance. Permissible as an exception to the general rules where the judgment is void. - Absence of nullity in a first-instaPleadings — Part Three · Source page 447
  13. Principle 2651The jurisdiction of the Court of First Instance is general jurisdiction. Its implication. This jurisdiction extends to any related claims that fall within the monetary or subject-matter jurisdiction of the summary judge.Pleadings — Part Three · Source page 447
  14. Principle 2652The finality of the judgment appointing an arbitrator does not extend beyond its scope. What exceeds that scope. Is appealable under the general rules. Contravention thereof. An error in applying the law requiring cassatPleadings — Part Three · Source page 447
  15. Principle 2653When an action is considered incapable of monetary valuation. Valuation of an action in relation to the appeal threshold. The parties’ latest claims are determinative. - 447 - Civil ProcedurePleadings — Part Three · Source page 447
  16. Principle 2654Judgments rendered by the court of first instance as final judgments. The general rule is that they may not be appealed unless the law provides otherwise, or they conflict with an earlier judgment that has not acquired tPleadings — Part Three · Source page 448
  17. Principle 2656Susceptibility of a judgment to challenge. The determining factor is the law in force at the time of its delivery. Impermissibility of appealing judgments delivered within the first-instance court’s final-instance monetaPleadings — Part Three · Source page 448
  18. Principle 2657Judgments rendered by the court of first instance as final judgments. The general rule is that they may not be appealed. The exception. A provision to the contrary, or where they are void, based on void procedures, or rePleadings — Part Three · Source page 448
  19. Principle 2658Amending the final-instance monetary jurisdiction of the Court of First Instance makes it 5,000 dinars instead of 1,000. Its coverage of all disputes, including labour disputes. This amendment applies with immediate effePleadings — Part Three · Source page 448
  20. Principle 2659The non-challengeability of a judgment issued on a grievance against an order assessing a lawyer's fees. Its criterion. Issuance of the order through non-contentious jurisdiction. - Assessment of a lawyer's fees in contePleadings — Part Three · Source page 448
  21. Principle 2660Grounds concerning public policy. Invoking them for the first time in oral argument before the Court of Cassation. Its condition. That they concern what has been challenged. Example: the statement of the cassation appealPleadings — Part Three · Source page 449
  22. Principle 2662Omission to determine some claims that permits the interested party to return to the same court for their determination. Its condition is that the omission results from inadvertence or mistake. However, if the judgment iPleadings — Part Three · Source page 449
  23. Principle 2663Impermissibility of appealing judgments rendered by the court of first instance in final instance. Exception. Its cases. A judgment being rendered contrary to an earlier judgment that has not acquired the force of res juPleadings — Part Three · Source page 449
  24. Principle 2664Judgments rendered by courts of first instance as final judgments. The general rule is that they may not be appealed except in excluded cases. What does not fall within this exception. - The general rule is that actions Pleadings — Part Three · Source page 449
  25. Principle 2665Characterisation of the action and assigning it the correct legal description. Within the authority of the court of merits. The judgment delivered on a grievance against an eviction order issued pursuant to Decree-Law 8/Pleadings — Part Three · Source page 450
  26. Principle 2666Disputes relating to eviction orders issued on petition by the judge of interim matters pursuant to Decree-Law 8/1991. Their exclusion from the rules and procedures of litigation stipulated in Article 26 of Law 35/1978. Pleadings — Part Three · Source page 450
  27. Principle 2667The judge’s ratification of a settlement in matters other than those relating to public policy resolves the dispute. The parties’ request to record what they have agreed by way of settlement concerning financial rights aPleadings — Part Three · Source page 450
  28. Principle 2668Challenging by appeal judgments rendered within the final-instance monetary jurisdiction of courts of first instance. Its cases. Nullity occurring in the judgment or nullity in the proceedings affecting the judgment. - IPleadings — Part Three · Source page 450
  29. Principle 2669The determining factor for the monetary jurisdiction of the court of first instance is the value of the principal claim in the action. The implication thereof. Connected claims have no independent valuation. - AssessmentPleadings — Part Three · Source page 450
  30. Principle 2670Omission to determine some claims that permits the interested party to return to the same court that issued the judgment to determine them. Its criterion. That the omission result from oversight or mistake. The judgment'Pleadings — Part Three · Source page 451
  31. Principle 2671The Rentals Circuit of the Court of First Instance. The criterion for its jurisdiction and the exceptions thereto. Judgments rendered in a dispute falling within that circuit's jurisdiction. May not be appealed except foPleadings — Part Three · Source page 451
  32. Principle 2672Judgments delivered with final effect by the court of first instance. The rule is that they may not be appealed unless the law provides otherwise, or they were delivered contrary to an earlier judgment that had not acquiPleadings — Part Three · Source page 451
  33. Principle 2673Judgments rendered by the court of first instance in a final capacity. The rule is that they may not be appealed. Exception. Deficiency in the judgment’s factual grounds entails its nullity. Deficiency in its legal grounPleadings — Part Three · Source page 451
  34. Principle 2674Judgments rendered by the court of first instance as final judgments. The general rule is that they may not be appealed unless the law provides otherwise. The final-jurisdiction monetary threshold of the Court of First IPleadings — Part Three · Source page 451
  35. Principle 2675Judgments rendered by the court of first instance as final judgments. The rule is that they may not be appealed unless the law provides otherwise, or they were rendered contrary to an earlier judgment that has not acquirPleadings — Part Three · Source page 452
  36. Principle 2676A judgment expelling the non-Kuwaiti partner is independently open to challenge by appeal even if it does not terminate the litigation.Pleadings — Part Three · Source page 452
  37. Principle 2677The rules concerning the inadmissibility of appeals against judgments rendered within the nonappealable monetary limit of the court of first instance. Their relation to public policy. The exceptions thereto. Nullity occuPleadings — Part Three · Source page 452
  38. Principle 2678A judgment rendered during the proceedings which does not terminate the entire litigation. The general rule is that challenging it independently is impermissible. - A judgment ordering the removal of the non-Kuwaiti partPleadings — Part Three · Source page 452
  39. Principle 2679Valuation of an action in relation to the appeal threshold. If the action contains multiple claims arising from a single legal cause, their value is assessed in aggregate. Their arising from different legal causes. Its ePleadings — Part Three · Source page 452
  40. Principle 2680The Court of First Instance’s final-instance monetary jurisdiction. Its application to labour disputes. The reason for this. Decree-Law 46/1987 establishing a labour circuit at the Court of First Instance. Its provisionsPleadings — Part Three · Source page 453
  41. Principle 2682The general rule is that actions have an ascertainable value, except actions brought for relief incapable of valuation. - Rules for assessing the value of an action. Their relation to public policy. The effect thereof. -Pleadings — Part Three · Source page 453
  42. Principle 2683An appeal in cassation against a judgment because it omitted a substantive claim. Impermissible. - A judgment's determination of claims is either express or implied. The phrase “all other claims” contained in the operatiPleadings — Part Three · Source page 453
  43. Principle 2684Claims arising from a single cause. The value of the action is assessed at their aggregate value. - Assessment of the value of the action for the appeal threshold. The determining factor is the parties’ claims, not the vPleadings — Part Three · Source page 453
  44. Principle 2686The monetary jurisdiction of the court of first instance in personal status disputes and final judgment therein. Its basis. - A judgment ruling that an appeal is impermissible against an appealable judgment. Vitiates it.Pleadings — Part Three · Source page 454
  45. Principle 2687A judgment ruling that the appeal is admissible in form. Its implication. An implicit ruling that the appeal is permissible. Failure to challenge it. Its effect. Its acquisition of the force of res judicata. The ProsecutPleadings — Part Three · Source page 454
  46. Principle 2691An application to annul an arbitrator's award in the specified cases. It must not be used as a means of challenging the award on the same grounds of challenge that constitute grounds for appealing judgments. The reason tPleadings — Part Three · Source page 455
  47. Principle 2692A judgment issued in disputes concerning maintenance. It may be appealed whatever the value of the action. - Judgments issued in matters of inheritance, wills, endowments, and dower are final if their value does not excePleadings — Part Three · Source page
  48. Principle 2693Inadvertent complete omission to decide a claim submitted to the court. The means of remedying it: returning to the same court to decide it. - Challenging the judgment rendered by the court of first instance because it oPleadings — Part Three · Source page
  49. Principle 2695Judgments delivered in rental disputes by the Court of Appeal over which the Rental Circuit of the Court of First Instance has jurisdiction may not be challenged.Pleadings — Part Three · Source page
  50. Principle 2697The judgment concluding that the appeal is impermissible because of the low monetary value, without addressing the merits. The appellant's challenge concerning the effect of the complaint in interrupting limitation in thPleadings — Part Three · Source page
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