Kuwait Court of Cassation principle number 2352

The plea barring the hearing of an action by reason of the passage of time. Substantive. By ruling to uphold it, the court of first instance exhausts its authority to examine the merits. The appeal brought against that judgment. Places before the appellate court the action with all its claims and defenses. Its effect. The court must determine the merits of the action upon setting it aside, so long as the appellant has not expressly or implicitly relinquished any of his claims, even if he insists in his final requests on referral to the competent court. Contravention thereof. An error requiring cassation of the judgment.