Kuwait Court of Cassation principle number 213

Summary: - The Court of Cassation. Its function at the stage of considering the grounds of appeal: Examining the contested judgment within the limits of the law and the scope of the grounds of appeal, to review the extent of the contested judgment’s compliance with the rule of law and the soundness of its application, without addressing the subject matter of the dispute itself. Reason therefor. As a court reviewing the final judgment on appeal, not a court of fact. - The absence from the Code of Procedure of an express provision permitting the respondent to bring an incidental cassation appeal, like the incidental appeal provided for by law. The nature of adjudication by the Court of Cassation at the stage of appeal before it differs from the nature of the Court of Appeal and its original function as a court of fact deciding a dispute. Effect thereof. An incidental cassation appeal. Impermissible. Rule: At the stage at which the Court of Cassation considers the grounds of appeal, its function is confined to examining the contested judgment within the limits and scope of those grounds, to review the extent of the court of fact’s compliance with the rule of law and the soundness of its application, without addressing the subject matter of the dispute itself by deciding it, as it is a court reviewing the final judgment on appeal, not the court of fact. The Code of Procedure contains no express provision permitting the respondent to bring an incidental cassation appeal, along the lines of Article 143 thereof, which |permitted the respondent in an appeal to bring an incidental appeal. Furthermore, the nature of adjudication by the Court of Cassation at that important stage differs from the nature of the Court of Appeal and its original function as a court of fact deciding a dispute. An incidental cassation appeal is therefore impermissible.