Kuwait Court of Cassation principle number 1414

The appeal transfers the case to the court of second instance together with the pleas and defences previously advanced by the respondent before the court of first instance, so long as he has not waived them expressly or impliedly. - The appellate judgment’s disregard of examination of a plea on the ground that it was not before it because the appellant had not reiterated his reliance on it before that court. An error requiring cassation.