Kuwait Court of Cassation principle number 2431

Effecting judicial set-off. It must be raised in the form of an incidental claim in the original action. Requesting it in the form of a defence to the opposing party's action or for the first time on appeal. Impermissible. - Raising judicial set-off for the first time on appeal and requesting referral for evidentiary inquiry or the appointment of an expert to conduct an inquiry with a view to effecting it. The Court of Appeal's disregard thereof. The ground of challenge relating thereto is unavailing.