Kuwait Court of Cassation principle number 2472

Reversal of the judgment issued on the grievance against a payment order for a reason unconnected with the petition for its issuance or based on the absence of one of the conditions necessary for its issuance. Its implication: issuance of a judgment resolving the dispute between creditor and debtor. The court of the merits has original jurisdiction to decide the dispute. Its basis. Extension of the scope of the appeal to examine the creditor's entitlement to his claim. The reason for this. Application of the devolutive effect of the appeal. Its implication. The second-instance court decides the same case under appeal. The reason for this.