Kuwait Court of Cassation principle number 3787

Failure expressly to insist in the appeal petition on application of the penalty clause, while referring to it incidentally, reserving the right to raise other grounds of appeal at the hearing, and invoking that clause in subsequent memoranda and documents. Its import: the defense relating to the penalty clause is deemed presented to the Court of Appeal for determination. Its disregard of the request to apply it. Renders its judgment defective, requiring cassation.