Kuwait Court of Cassation principle number 1289

An appeal transfers the action to the court of second instance within the limits of what has been appealed, together with the pleas and grounds of defence previously raised 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 determination, including those rejected by a separate judgment of the court of first instance which the respondent was relieved of appealing by the issuance of a judgment in the action in his favour. The court must determine them unless the respondent expressly or implicitly relinquishes reliance on any of them. Example.