Kuwait Court of Cassation principle number 1423

The trial court has full authority to characterize the litigants' claims, understand the action according to its true nature, and apply the correct description to it without being bound by the litigants' characterization. The condition for this: that it not depart from the facts of the action, alter the substance of the litigants' claims, or introduce new claims, and that it base its judgment on sound reasons having their established basis in the papers and leading to the conclusion reached. An example of a judgment that altered the claim on which the action was brought, introduced a new claim of its own motion, and adjudicated it, thereby vitiating it by error in applying the law and contradiction of the facts established in the papers and requiring its cassation.