Kuwait Court of Cassation principle number 368

The appellate court's reversal of the judgment on the principal claim. The case must be remitted to the court of first instance to determine the alternative claims. It may not itself determine these - 72 - Civil Procedure claims on the pretext that they have no basis in fact or law. The reason: its determination constitutes deprivation of a level of adjudication, which is one of the fundamental principles of the judicial system. - Bringing an action seeking, principally, annulment of the travel-ban decision and, alternatively, lapse of that order for failure to submit evidence that the action was brought within a week of its issuance. The court of first instance granting the principal claim without addressing the alternative claim. The appellate court reversing that judgment without remitting the case to that court to determine the alternative claim. A violation of law requiring its cassation.