Kuwait Court of Cassation principle number 2031

Incidental appeal. Permissible for the respondent until the close of pleadings. The condition thereof. That he has not accepted the judgment after the original appeal was filed. His acceptance thereof. Its effect. Forfeiture of his right to bring an incidental appeal. - Incidental appeal. Its effect. Transfer of the dispute adjudicated by the court of first instance within the limits of the relief sought in the original and incidental appeals. Its implication. The Court of Appeal may determine all aspects of the dispute, whether in favour of the original appellant or the proponent of the incidental appeal. - Mere failure to appeal the judgment within the statutory time limit and bringing an incidental appeal during consideration of the original appeal and before the close of pleadings therein. Does not, in itself, constitute acceptance of the appealed judgment. Its implication. Submission of all aspects of the dispute on appeal. - Judgments that may and may not be challenged:-