Within the framework of the legal system in Kuwait, the appeal is one of the fundamental rights granted to parties in civil and criminal cases. This procedure provides parties who are not satisfied with the preliminary rulings with an opportunity to review their cases before a higher court. One of the cases that may be appealed relates to the “inadmissibility” provisions. So what is this ruling? And how can it be appealed in the Kuwaiti judicial system? This is what we will learn in the following lines.
What is the ruling not to accept the lawsuit?
The judgment of inadmissibility of the lawsuit shall be issued when the court considers that the case is not qualified to be considered due to procedural or formal defects or due to the lack of legal interest of the plaintiff. This ruling is not necessarily an expression that the right does not exist, but rather a decision not to meet the conditions for the admissibility of the claim in the first place.
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Reasons for not accepting the lawsuit
There are several reasons that may lead to the issuance of a judgment not to accept the lawsuit, including:
1- Absent interest: where the plaintiff must have a direct and realistic legal interest in the case.
2- Lack of status: where the law requires that the plaintiff be a real interest and a holder of character in the lawsuit.
3- Formal defects: such as non-compliance with the legal formalities required in filing the lawsuit or non-payment of the required judicial fees.
Procedures for appealing a judgment of inadmissibility
When a judgment is issued inadmissible, the plaintiff can appeal this judgment to the Court of Appeal and this is done by submitting an appeal request containing legal arguments that reinforce the plaintiff’s position and explain why he believes that the preliminary judgment was not correct
1- Timely submission: Where the plaintiff must file an appeal within the time period specified by law, which varies according to the type of case, but is usually within 30 days of the issuance of the judgment.
2- Preparing the appeal file: where the appellant must submit a file containing copies of all documents and papers related to the case in addition to a copy of the judgment appealed against him.
3- Formulating legal arguments: Where the appeal must include strong legal arguments that explain why the decision issued by the court of first instance was incorrect.
The importance of appealing a judgment inadmissibility of the lawsuit
Appealing a ruling inadmissible could be a decisive step in the course of the case. This move could lead to the annulment of the trial judgment and return the case to the court of first instance for consideration on a sound legal basis. This gives the plaintiff a new opportunity to prove his case more effectively.
Effects of the appeal on the Kuwaiti legal system
The appeal against the judgment of not accepting the case is part of the mechanisms that ensure justice in the Kuwaiti legal system. It provides safeguards for litigants that enable them to challenge judgments that they deem unfair, and strengthens individuals’ confidence in the judicial system.
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In conclusion, appealing a ruling not to accept the lawsuit in Kuwaiti law is an important legal tool that helps to correct the judicial process and provides additional opportunities for the plaintiff to prove his right. By following due process and presenting convincing arguments, the plaintiff can achieve positive results in the course of his case.
