Kuwait Court of Cassation principle number 1257

The scope of the action is defined by the final claims made in an express and unequivocal form. The court's obligation to determine them and not to depart from their scope. - A litigant's request to be enabled to prove or disprove a material defense by a legally permissible means of proof. A right belonging to him. The trial court must grant his request. The condition therefor. The judgment's disregard thereof. An infringement of the right of defense that vitiates it. An example concerning an erroneous understanding in defining the scope of the action as merely the appointment of an expert, when it expressly and unequivocally included a claim for an award of compensation. - 232 - Civil and Commercial Procedure