Kuwait Court of Cassation principle number 1314

A new claim that may not be made for the first time before the Court of Appeal. It is one that differs from the claims before the first-instance court in its subject matter and cause, or in the litigant against whom it is directed. Its effect: it may be brought by a fresh action without being met with a plea of res judicata based on the judgment rendered on the original claim. - What does not constitute a new claim. What falls within the substance of the original claim, or is intended to clarify and define that claim or correct it without differing from it in its elements, or is intended to seek the legal consequences of the original claim, or is expressed in wording other than that in which it was stated before the first-instance court. The determining consideration is the true nature of the claim and its aim, not the words in which it is formulated. An example. - 242 - Civil and Commercial Procedure