Kuwait Court of Cassation principle number 1474

A claim for specific performance and performance by way of compensation. Two divisions encompassing performance of the debtor's obligation and equal in standing. Its implication. A claim for specific performance implicitly includes a claim for performance by way of compensation if the former is impossible, because they are identical in subject matter and each falls within the other. Its effect. The purchaser's insistence on a claim for compensation where specific performance is impossible, even for the first time before the Court of Appeal, is not considered a new claim. Contravention of this: vitiates the judgment and requires its partial cassation. - 652 - Civil Procedure 7- Court of Interim Matters:- Judge of Interim Matters:-