Kuwait Court of Cassation principle number 1295

Advancing any new claim before the Court of Appeal. Inadmissible. Its necessary consequence: the court may rule accordingly of its own motion. The condition thereof. It differs from the claim advanced before the court of first instance in its subject matter, cause, or the party against whom it is directed. A claim similar to the claim advanced before the court of first instance. It is deemed a new claim if it differs from it, even if it includes an incidental claim, except for accessories arising from the original claim which arise and become due after the submission of final claims before the court of first instance. - The court of first instance’s award to the female respondent of her claims for the wages of a servant and a driver. Her submission of a memorandum containing an incidental appeal seeking to oblige the appellant to pay the cost of recruiting a servant and a driver and the price of a car. Constitutes a new claim that was not before the court of first instance. Its effect. Its inadmissibility. The challenged judgment’s departure from this. An error in the application of the law.