Kuwait Court of Cassation principle number 2456

A claim not raised before the court of first instance may not be raised for the first time on appeal. The reason therefor. - A new claim that is inadmissible for the first time on appeal. It is a claim differing from that raised before the court of first instance in its subject matter and basis or the party against whom it is directed, or one that may be brought by an original action without being met by a plea of res judicata arising from the judgment rendered on the original claim. An example of a new claim that may not be raised before the appellate court.