Kuwait Court of Cassation principle number 362

The system of litigation at two levels. Its import. Reconsideration, for a second time before the Court of Appeal, of the same case adjudicated by the court of first instance. Effect thereof. The Court of Appeal may hear it on the basis of newly submitted evidence, pleas, and grounds of defence, in addition to what was previously submitted to the court of first instance. - The Court of Appeal’s obligation to remit the action to the court of first instance upon setting aside its judgment. Its prerequisite. The latter’s failure to adjudicate the merits of the action. Reason therefor. Not depriving the litigants of the principle of litigation at two levels.