Kuwait Court of Cassation principle number 1298

Incidental appeal. Permissible by the respondent until the close of pleadings. Condition thereof. That he has not acquiesced in the judgment after the principal appeal was filed. His acquiescence therein. Its effect. Forfeiture of his right to file an incidental appeal. - Incidental appeal. Its effect. Transfer of the dispute adjudicated by the court of first instance within the limits of the relief sought in the principal and incidental appeals. Its implication. The Court of Appeal may adjudicate all aspects of the dispute, whether in favour of the principal appellant or the incidental appellant. - Mere failure to appeal the judgment within the legally prescribed time and the filing of an incidental appeal during the hearing of the principal appeal and before the close of pleadings therein. Does not in itself constitute acquiescence in the appealed judgment. Its implication. Submission of all aspects of the dispute on appeal. - The prohibition against an appellant being prejudiced by his own appeal. Limited to cases where the appeal is filed by the appellant alone. Appeals by both the injured party and the liable party against the judgment rendered on the compensation claim, with the former seeking an increase in the compensation amount and the liable party seeking, in his appeal, dismissal of the compensation claim or reduction thereof. Its implication. Both aspects of the dispute are before the court of second instance. Its effect. It may affirm, set aside, or vary the judgment even if this prejudices either of them. 4- The Summary Court:-