Kuwait Court of Cassation principle number 284

Summary: - A judicial claim, whether an original claim or an incidental claim, must include an assertion of a right or legal status upon which the court is requested to rule by virtue of its adjudicative, not its non-contentious, authority. - The parties’ request to record their agreed settlement or any other agreement in the hearing minutes. It is not an amendment of the claims or an incidental claim. The reason for this. It is confined to a mere request for the premature termination of the litigation for a substantive reason. The court determines it by virtue of its non-contentious, not its adjudicative, authority. Rule: It is established in the jurisprudence of this Court that a judicial claim, whether an original claim or an incidental claim, must include an assertion of a right or legal status upon which the court is requested to rule by virtue of its adjudicative, not its non-contentious, authority. As for the parties’ request to record their agreed settlement or any other agreement in the hearing minutes pursuant to Article 73 of the Law of Procedure, it is not considered an amendment of the claims or an incidental claim of the kind provided for in Article 85 of the same Law, because it is confined to a mere request for the premature termination of the litigation for a substantive reason, namely settlement or the parties’ agreement to end the dispute by mutual consent. The court determines it by virtue of its non-contentious, not its adjudicative, authority, owing to the absence of a dispute. In performing this authenticating function, it does not issue a judgment in the legal sense, but rather authenticates a private agreement, so that the hearing minutes in which the agreement is recorded have the force of an enforceable instrument.