Kuwait Court of Cassation principle number 1045

An action. Restrictions on its characterization by the trial court. Adherence to the limits of the claims. Exceeding those limits is an error. Example. - A claim for rescission for failure to perform an obligation. Characterization of the action on the basis of a latent defect. An error. This is not affected by the prescription of the purchaser's right to seek rescission upon the lapse of one year being based on the prescription of an action under the warranty against latent defects by the same period. The reason therefor.