Kuwait Court of Cassation principle number 131

Summary: - A ruling referring the civil action to the competent civil court. Article 113 of the Code of Criminal Procedure and Trials. Not appealable. Effect: it may not be challenged by cassation. Reason: where the avenue of appeal is closed, an appeal by cassation is, a fortiori, impermissible. Example. Rule: Judgments issued in civil actions by criminal courts may be appealed if they would be appealable had they been issued by civil courts....." Article 128 of the Code of Civil and Commercial Procedure provides that ""Judgments issued during the course of proceedings that do not terminate the entire dispute may not be appealed.." The Felony Court did not determine the civil action but relinquished it to the competent civil court pursuant to Article 113 of the Code of Criminal Procedure and Trials. Since this is a judgment that may not be appealed, it may consequently not be challenged by cassation—as settled in this court's case law—because where the avenue of appeal is closed, an appeal by cassation is, a fortiori, impermissible. It is inconceivable that the legislature would close the avenue of appeal while simultaneously allowing access to an appeal by cassation. That being so, the appellant's appeal against the challenged judgment's ruling in the civil action is inadmissible.