Kuwait Court of Cassation principle number 1492

An appeal transfers the case to the court of second instance within the limits of what is appealed, together with the pleas and grounds of defence previously advanced by the respondent before the court of first instance. Both are deemed to be before the Court of Appeal upon the filing of the appeal for adjudication, even those rejected by a separate judgment of the court of first instance, from appealing which he was relieved by the issuance of a judgment in the action in his favour. The court must adjudicate them unless the respondent expressly or implicitly waives reliance on any of them. Example. - Statement of reasons for the appellate judgment:-