Kuwait Court of Cassation principle number 247

A judicial claim. Its nature. Its effect. Defining the scope of the action for the judge and the parties. Its implication. - New claims on appeal. What is not regarded as such. An example concerning a claim for equivalent performance on the basis of unjust enrichment and the Court of Appeal’s rejection of both on the effect that an absolutely void contract cannot serve as a basis for a claim and that neither had previously been submitted to the court of first instance, which constitutes a violation of the law and an error in its application requiring cassation of its judgment.