Kuwait Court of Cassation principle number 1092

Characterization of the action and the claims therein. A matter for the trial court. Its condition. That it adhere to the true nature of the facts and claims presented and the litigants' intention therein. Its subjection in this respect to review by the Court of Cassation. An example concerning an action to withdraw a tender and deposit. - A debtor's withdrawal of his tender that his creditor has not accepted. Its condition. That he serve on the creditor a notice notifying him of the withdrawal; after three days he may recover what he deposited to his creditor's account. Acceptance of the tender by the creditor or delivery of a final judgment declaring its validity. Its implication. Withdrawal is not permissible. The judgment's error in characterizing the action and its application of a rule contained in a statutory provision outside its proper context. An error in the application of the law necessitating its cassation.