Kuwait Court of Cassation principle number 2354

The court of first instance exhausting its judicial authority by adjudicating the merits of the action. The Court of Appeal ruling to reverse that judgment. Effect. It must determine the merits of the action without remitting them to the first instance. This is not considered an assumption of jurisdiction over the merits by it, but rather a consequence of the effect of the appeal in transferring the merits to it. The Court of Appeal's remittal of the action to the court of first instance. Condition. That that court has not determined the merits of the action. Reason for this.