Kuwait Court of Cassation principle number 61

Summary: - The subject-matter jurisdiction of each judicial body. The determining consideration: The relief sought by the claimant in his action. - The jurisdiction of personal status courts is confined to adjudicating the application of disputes whose determination requires application of the Personal Status Law pursuant to Article 345 of Law 51 of 1984 concerning Personal Status. An example concerning an action wholly unconnected with personal status whose determination does not require application of the provisions of the law enacted concerning it. Rule: It is established in this Court's jurisprudence that the determining consideration for the subject-matter jurisdiction of each judicial body is the relief sought by the claimant in his action, and, pursuant to Article (345) of Law No. 51 of 1984 concerning Personal Status, it is confined to adjudicating the application of disputes whose determination requires application of the provisions of that Law. The defense to which the court must respond is a material defense which, if true, would change the outcome of the case. It therefore cannot be faulted for failing to respond to a defense that is manifestly invalid or lacks a sound legal basis. That being so, the respondents brought their action against the first appellant seeking an order appointing an expert to inspect its books and balance sheet in order to calculate the profits it earned during the period from 1998 until the date the action was filed, and each shareholder's share of those profits, including profits arising from its participation or shareholding in other companies, and to calculate the respondents' shares in those profits in accordance with the memorandum of association and its subsequent amendment, in preparation for requiring it to pay the respondents the amount resulting from the report. The action in this form is therefore wholly unconnected with personal status, its determination does not require application of the provisions of the law enacted concerning personal status, and it consequently does not fall within the subject-matter jurisdiction of the personal status circuit. Accordingly, the challenged judgment cannot be faulted for disregarding a response to this defense, which lacks a sound legal basis, and the criticism is without basis.