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. من حيث أشخاصه والإدخال والتدخل فيه

    Principle 2886A person who was not a party to the proceedings before the court of first instance and upon whom the judgment imposed no obligation. His appeal against the judgment is impermissible.Pleadings — Part Three · Source page 490
  2. Principle 2887Standing to challenge. It belongs to the litigant, not his representative, since the action is the litigant's action, not his representative's. Example: a first-instance judgment rendered against the Minister of EducatioPleadings — Part Three · Source page 490
  3. Principle 2888Litigation on appeal. Its scope as regards its parties. - Impleading before the Court of Appeal constitutes the commencement of a new action before it. This violates the rules of jurisdiction. Example.Pleadings — Part Three · Source page 490
  4. Principle 2889Joinder of a person who was not a party to the action in which the appealed judgment was rendered. Impermissible on appeal.Pleadings — Part Three · Source page 490
  5. Principle 2890A judicial demand is a procedural act addressed to the court against the defendant and determines the scope of the action, both for the litigants and for the judge. - The criterion for identifying a party to the action iPleadings — Part Three · Source page 490
  6. Principle 2891The rule is that only the person bringing a challenge to a judgment benefits from it, and it may be invoked only against the person against whom it was brought. - Failure of some judgment debtors to challenge the judgmenPleadings — Part Three · Source page 491
  7. Principle 2892The incidental action differs from the original action in parties, subject matter, and cause. Hearing and adjudicating them together does not merge either into the other. - The criterion for identifying the litigant. - TPleadings — Part Three · Source page 491
  8. Principle 2893Intervention asserting an independent claim in the action. Its effect. The intervener is regarded as a party to the action like the original parties, assumes therein the position of plaintiff vis-à-vis the plaintiff and Pleadings — Part Three · Source page 491
  9. Principle 2894An heir standing as a litigant on behalf of the remaining heirs or the estate. Its condition. Where he has sued or been sued seeking a judgment for the estate in respect of a right belonging to it, or a judgment is soughPleadings — Part Three · Source page 491
  10. Principle 2895The intervening party's claims being confined to supporting the original party's claims. Its import. Such intervention is considered supportive intervention. Its consequence. It may be sought for the first time before thPleadings — Part Three · Source page 492
  11. Principle 2896Joinder on appeal of a person who was not a party before the court of first instance. Impermissible. Example.Pleadings — Part Three · Source page 492
  12. Principle 2898Supporting intervention. Its scope. Permissibility of intervention on appeal by a person seeking to join one of the parties in support of his claims.Pleadings — Part Three · Source page 492
  13. Principle 2899A challenge benefits only the person who files it and may be invoked only against the person against whom it is filed. A judgment rendered on an indivisible subject matter. All parties in whose favour judgment was renderPleadings — Part Three · Source page 492
  14. Principle 2900A person who was not a party to the judgment appealed against may not be joined on appeal. Example.Pleadings — Part Three · Source page 492
  15. Principle 2901The parties to appellate proceedings. Confined to the persons who were parties before the court of first instance. Joining parties before the Court of Appeal otherwise. A violation of the rules of jurisdiction and the prPleadings — Part Three · Source page 492

  16. استئناف المدعى العام للحُكم الجزائي الصادر بالغرامة

    Principle 2902The rule is that a challenge benefits only the person who brings it and may be invoked only against the person against whom it is brought. Exception. A judgment concerning an indivisible subject matter, a joint and severPleadings — Part Three · Source page 493

  17. الأثر الناقل للاستئناف

    Principle 2903The Public Prosecutor. May appeal a judgment in a misdemeanour imposing a fine not exceeding forty dinars, unlike the convicted person. - A criminal judgment. Becomes final upon exhaustion of the methods of challenge or Pleadings — Part Three · Source page 493
  18. Principle 2910An appeal places before the Court of Appeal the action that was before the court of first instance with all its factual elements and legal grounds. The import thereof.Pleadings — Part Three · Source page 494
  19. Principle 2911The appeal transfers the action to the court of second instance with all its factual elements and legal evidence. Its implication. - 494 - Civil ProcedurePleadings — Part Three · Source page 494
  20. Principle 2912Appeal. Its effect. Transferring the subject matter of the dispute in its entirety to the Court of Appeal in the state it was in before the appealed judgment was rendered. The Court of Appeal may not equalize the appellaPleadings — Part Three · Source page 495
  21. Principle 2913An appeal transfers the action to the appellate court together with the grounds submitted therein before the court of first instance of the appellant's reliance before the court of first instance on a material defence. APleadings — Part Three · Source page 495
  22. Principle 2914An appeal transfers the action to the Court of Appeal together with the pleas and defenses previously raised by the appellee before the court of first instance. Implication thereof. They are considered placed before it uPleadings — Part Three · Source page 495
  23. Principle 2916Filing an appeal seeking overtime pay. Its effect. Bringing the material defense relating thereto before the Court of Appeal so long as it has not been waived. Its disregarding it and failing to address it as required. APleadings — Part Three · Source page 495
  24. Principle 2917The devolutive effect. Of an appeal. Its implication. - The court of second instance. No fault attaches to it if it does not conduct a new evidentiary inquiry. It may rely solely on the testimony of witnesses heard by thPleadings — Part Three · Source page 495
  25. Principle 2918The devolutive effect of an appeal. Its implication. The Court of Appeal’s authority to rely solely on their statements, the witnesses, in the evidentiary inquiry conducted by the court of first instance. It may adopt a Pleadings — Part Three · Source page 496
  26. Principle 2920An appeal brings the action before the court of second instance with its evidence, pleas and defenses before the court of first instance and those thereof that had not been presented before the court of first instance.Pleadings — Part Three · Source page 496
  27. Principle 2921An appeal transfers the action to the Court of Appeal with its factual elements and legal evidence, within the limits of the appellant’s claims.Pleadings — Part Three · Source page 496
  28. Principle 2922The scope of an appeal in cassation does not extend beyond the judgment being challenged. An appeal in cassation against the judgment terminating the proceedings does not necessarily entail a challenge to all judgments pPleadings — Part Three · Source page 496
  29. Principle 2923An appeal transfers the action to the court of second instance with its evidence and elements, within the limits of the appellant's requests, unless he relinquishes them.Pleadings — Part Three · Source page 496
  30. Principle 2924An appeal results in resubmission of the action to the appellate court. The limits of this.Pleadings — Part Three · Source page 496
  31. Principle 2928Filing an appeal. Its effect. Transferring the subject matter of the dispute in its entirety to the Court of Appeal and placing it before that court anew, together with its legal grounds and factual evidence. ConsequencePleadings — Part Three · Source page 497
  32. Principle 2930Appeal. Its effect. The pleas and defences raised before the court of first instance are deemed to be before the Court of Appeal. The condition thereof. They have not been waived.Pleadings — Part Three · Source page 497
  33. Principle 2931The Court of Appeal. The limits of its review of the acts of the court of first instance. - The Court of Appeal’s substitution of immediate, fully payable compensation for compensation awarded in the form of a lifetime aPleadings — Part Three · Source page 497
  34. Principle 2932The Court of Appeal. Its task is not confined to reviewing the appealed judgment. The dispute is considered placed before it for fresh adjudication. It may assess compensation differently from the court of first instancePleadings — Part Three · Source page 497
  35. Principle 2933The Court of Appeal. Its jurisdiction to reconsider the action is general. Its effect. - 497 - Civil ProcedurePleadings — Part Three · Source page 497
  36. Principle 2934An appeal transfers the action to the Court of Appeal with all its factual elements and legal evidence, within the limits of the matters appealed. The Court of Appeal. It must exercise its oversight over the court of firPleadings — Part Three · Source page 498
  37. Principle 2935Applying the correct legal rule to the facts of the case. Within the authority of the Court of Appeal, without regard to the characterization by the litigants or the appealed judgment if contrary to law. The reason therePleadings — Part Three · Source page 498
  38. Principle 2936The devolutive effect of appeal. It is confined only to what was appealed.Pleadings — Part Three · Source page 498
  39. Principle 2937The appeal transfers the action within the limits of the pleas or grounds of defense previously raised by the respondent, so long as he has not waived them expressly or implicitly. The effect of this. The appellate courtPleadings — Part Three · Source page 498
  40. Principle 2938The devolutive effect of an appeal. Its import. The Court of Appeal's power to have the final say in assessing evidence. It may assess witness testimony differently from the assessment of the court of first instance. ThePleadings — Part Three · Source page 498
  41. Principle 2939The Court of Appeal has full jurisdiction to reconsider the action within the limits of the matters appealed. It may assess compensation differently from the assessment of the court of first instance.Pleadings — Part Three · Source page 498
  42. Principle 2940An appeal transfers the action to the Court of Appeal together with the pleas, grounds of defense, and evidence submitted therein before the court of first instance. Implication thereof. They are deemed to be before it uPleadings — Part Three · Source page 498
  43. Principle 2941The devolutive effect of appeal. Its consequence is that the pleas, grounds of defence and assertions submitted to the court of first - 498 - Civil and Commercial Procedure instance are considered before the appellate coPleadings — Part Three · Source page 498
  44. Principle 2942Failure expressly to invoke enforcement of the penalty clause in the statement of appeal, while referring to it incidentally, reserving the right to raise other grounds of appeal at the hearing, and invoking this clause Pleadings — Part Three · Source page 499
  45. Principle 2945A request to set aside the appealed judgment. Implicitly and necessarily includes a request for judgment dismissing the action. A request to return the assignment to the expert does not affect this. Reason therefor. A juPleadings — Part Three · Source page 499
  46. Principle 2946The devolutive effect of an appeal. What it encompasses. The Court of Appeal may not address a matter not before it. An example of a plea that the action is inadmissible because it was brought against a person lacking caPleadings — Part Three · Source page 499
  47. Principle 2947The principle of litigation at two levels. Its implication. Reconsideration of the same case adjudicated by the court of first instance a second time before the Court of Appeal. Effect thereof. The Court of Appeal may coPleadings — Part Three · Source page
  48. Principle 2948The plea that an action may not be heard. A substantive plea. May be raised at any stage of the action. Raising it on appeal for the first time. Permissible unless waived. Inferring whether waiver occurred. A matter of fPleadings — Part Three · Source page
  49. Principle 2949Ascertaining the facts of the action, assessing the evidence and weighing them against one another fall within the authority of the court of merits. The Court of Appeal may assess witness statements differently from the Pleadings — Part Three · Source page
  50. Principle 2950An appeal transfers the case to the court of second instance with all its factual elements and legal evidence. The effect thereof.Pleadings — Part Three · Source page
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