Kuwait Court of Cassation principle number 359

Exhaustion by the court of first instance of its jurisdiction. Appeal against that judgment. Its effect. The Court of Appeal must decide the merits of the action without this being considered an assumption of original jurisdiction. The reason therefor. - Remittal of the action to the court of first instance. Its criterion. That it has not decided the merits of the action. The reason therefor. Not depriving the litigants of the principle of litigation at two levels. - 70 - Civil Procedure