Kuwait Court of Cassation principle number 1272

A claim not made before the court of first instance may not be made for the first time on appeal. The reason therefor. - A new claim that is inadmissible for the first time on appeal. It is a claim differing from the claim made before the court of first instance in its subject matter and cause or the party against whom it is directed, and which may be brought in an original action without being met by a plea of res judicata arising from the judgment rendered on the original claim. Example of a new claim that may not be made before the appellate court.