Kuwait Court of Cassation principle number 1088

The court of merits has full authority to characterize the parties' claims, understand the true nature of the action and assign it the correct description without being bound by the parties' characterization. The condition for this: that it not depart from the facts of the action, alter the substance of the parties' claims or introduce new claims, and that it base its judgment on sound reasons having an established basis in the papers and leading to the conclusion it reached. Example of a judgment that altered the claim on which the action was brought, introduced a new claim of its own motion and adjudicated it, thereby rendering it defective through an error in applying the law and contravention of what is established in the papers, and requiring its cassation.