Kuwait Court of Cassation principle number 1733

The scope of the action is determined by the parties' express and unequivocal claims. What matters is the final relief sought around which the dispute revolves. This delimitation binds the parties and the judge. The court must determine those claims without exceeding their scope. - An appeal transfers the action in its existing state and the entire subject matter of the dispute, resubmitting it to the Court of Appeal with its legal grounds and factual evidence within the limits of what has been appealed. The Court of Appeal may not address a new subject matter that was not presented to the court of first instance and was not among the claims before it. Example. - 275 - Civil Procedure - Severability:-