Kuwait Court of Cassation principle number 1904

The principle is that the court determines the incidental claim and the principal claim together. If the incidental claim is not ready for determination together with the principal action. The court must not delay determination of the principal claim and must render its judgment thereon, retaining the incidental claim for determination after it has been completed. - Judicial set-off. The condition for effecting it: its submission in the form of an incidental claim. Its assessment is for the judge of merits. He may decide it together with the principal action if that is feasible, or confine himself to determining the principal action independently if he considers otherwise. Extinction of the obligation without performance: - Its extinction by release: