Kuwait Court of Cassation principle number 1408

An appeal transfers the action in the state it was in before the appealed judgment was issued, solely in respect of what has been appealed. Article 144 of the Civil Procedure Law. Its implication: the court of second instance may, in forming its conviction, content itself with the testimony of witnesses before the court of first instance without needing to conduct a new evidentiary inquiry. - The Court of Appeal may adopt a conclusion from the witnesses' statements different from that reached by the court of first instance, provided that it bases its ruling on sound reasons. Example.