Kuwait Court of Cassation principle number 369

Litigation at two levels is one of the fundamental rules of litigation. - New claims before the Court of Appeal are inadmissible. The reason therefor. - Making any new claim before the Court of Appeal. Inadmissible. Its necessary consequence: the court may so rule of its own motion. The condition thereof. It differs from the claim made before the court of first instance in its subject matter and cause or the party against whom it is directed. A claim similar to the claim made before the court of first instance. It is considered a new claim if it differs from it, even if it entails an incidental claim, except for accessories arising from the original claim that newly arise and become due after submission of the final claims before the court of first instance. - The court of first instance’s award to the respondent of her claims for the wages of a servant and a driver. Her submission of a memorandum containing a cross-appeal seeking to oblige the appellant to pay the cost of recruiting a servant and a driver and the price of a car. Constitutes a new claim that was not before the court of first instance. Its effect. Its inadmissibility. The challenged judgment’s departure from this. An error in the application of the law.