Kuwait Court of Cassation principle number 1316

The scope of the action is determined by the parties' express and unequivocal claims. What counts is the final claims around which the proceedings revolve. This determination binds the parties and the judge. The court is obliged to adjudicate them without going beyond their scope. - An appeal transfers the action in its existing state and the entire subject matter of the dispute and resubmits it to the Court of Appeal with its legal grounds and factual evidence, within the limits of what has been appealed. The Court of Appeal may not address a new subject matter that was not submitted to the court of first instance and was not among the claims before it. Example.