Kuwait Court of Cassation principle number 2684

Invalidity of proceedings due to a party's lack of capacity or improper representation in the action. It does not concern public policy. The implication thereof: the court does not address it of its own motion, and raising this defence before the Court of Cassation for the first time is impermissible unless it was put before the Court of Appeal. - An appeal transfers the subject matter of the dispute in the state in which the action stood before issuance of the appealed judgment, within the limits of the matters appealed. Article 144 of the Civil Procedure Law. - Identification of the portion challenged by appeal. Its criterion. The relief sought in the notice of appeal. - The appellant's plea before the court of first instance that the action was inadmissible because it was brought against a person lacking capacity, based on the failure to join his daughter. His joining her before the same court without raising this plea in his notice of appeal. Its implication: this plea may not be raised before the Court of Cassation.