Kuwait Court of Cassation principle number 1471

New claims before the Court of Appeal are inadmissible. The reason for this. - Raising any new claim before the Court of Appeal. Inadmissible. Its necessary consequence: the court may so rule of its own motion. The condition for this. Its difference from the claim raised before the court of first instance in its subject matter, cause, or the opposing party against whom it is directed. A claim similar to the claim raised before the court of first instance. It is considered a new claim if it differs from it, even if it includes an incidental claim, except for ancillary entitlements arising from the original claim that arise and fall due after submission of the final claims before the court of first instance. - The court of first instance's award to the respondent of her claims for the wages of a servant and a driver. Her submission of a memorandum containing a cross-appeal seeking to require the appellant to pay the cost of recruiting a servant and a driver and the price of a car. This 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.