Kuwait Court of Cassation principle number 1271

The court of first instance exhausting its jurisdiction by ruling on the merits of the action. The Court of Appeal's ruling setting aside that judgment. Its effect. It must determine the merits of the action without remitting it to the first - 616 - Civil Procedure instance. This is not considered an assumption of the merits by it, but rather a consequence of the effect of the appeal in transferring the merits to it. The Court of Appeal's remittal of the action to the court of first instance. Its prerequisite. That that court has not determined the merits of the action. The reason for this.