Kuwait Court of Cassation principle number 1290

The court of merits is bound by the claims presented to it. It may award what is necessarily and factually encompassed within the scope of the claim after verifying the existence of its elements and conditions of entitlement. - The respondent's request to establish her custody of her children and place them with her. The court of first instance's granting of her claims. Appeal against this judgment on the basis that the respondent resides in the Kingdom of Saudi Arabia while the minors reside in Kuwait. The appellate court's amendment of this judgment by making Kuwait the place of her custody of the children—as it is their guardian's domicile—does not exceed the parties' - 237 - Civil Procedure claims. Nor is its enforcement contingent upon the respondent's will. Rather, it contains a restriction on the exercise of her right to custody by specifying its location.