Kuwait Court of Cassation principle number 2394

Omission of claims in the action. The means of remedying it. Returning to the same court that rendered the judgment to remedy what it omitted to determine. The necessary consequence thereof. An appeal is admissible only in respect of claims expressly or implicitly determined by the judgment, even if the Court of Appeal is requested to determine the omitted claims. The reason therefor. Avoiding infringement of the principle of litigation at two levels. This is a matter of public policy that may neither be contravened nor made the subject of a contrary agreement by the litigants. Example.