Kuwait Court of Cassation principle number 4320

Effecting judicial set-off. It must be sought in the form of an incidental claim in the original action. Seeking it in the form of a defence to the opposing party's action or for the first time on appeal. Impermissible. - Seeking set-off for the first time on appeal and requesting referral for investigation or the appointment of an expert to examine it in order to effect it. The Court of Appeal's disregarding this. The ground of challenge relating thereto. Ineffective.