Kuwait Court of Cassation principle number 2222

Failure on appeal to challenge the first-instance judgment declaring the sale dissolved. Its becoming irrevocable. Claiming for the first time on appeal entitlement to the valuation proceeds or to another property allocated to the seller's heirs, considering either to be performance of the contract by way of compensation and an inevitable consequence of the original claim for the validity and enforceability of the sale, which represents specific performance. Treating them as two new claims. Challenging this. Ineffectual. The reason for this. Entitlement to them is contingent upon establishing the validity and enforceability of the sale.