Kuwait Court of Cassation principle number 1470

Failure expressly to invoke the application of the penalty clause in the notice of appeal, while referring to it incidentally, reserving the right to present other grounds of appeal at the hearing, and invoking that clause in subsequent memoranda and documents. The consequence: the defence relating to the penalty clause is considered submitted to the Court of Appeal for determination. Its disregard of the request to apply it. This vitiates its judgment in a manner requiring its cassation. - 230 - Civil Procedure