Kuwait Court of Cassation principle number 1154

The court of merits. It has no power to change the cause of action of its own motion. It must adhere to the parties’ claims and the legal cause upon which it was brought. - The appellant’s institution of the action seeking a judgment ordering the two respondents jointly and severally to compensate for the damage he sustained as a result of being deprived of the return on investment of his taxi owing to the second respondent’s fault established by the final and conclusive criminal judgment, on the basis of the rules of liability for unlawful acts. The challenged judgment’s conclusion to reverse the appealed judgment, basing its ruling of inadmissibility of the action on its being, in truth, an action on the warranty of fitness of the sold item that must be brought within six months from the date of notifying the seller of the defect. Its implication. The judgment changed the cause of action, requiring its cassation.