Kuwait Court of Cassation principle number 2479

The system of two-tier adjudication. Its meaning. Reconsideration, for a second time before the Court of Appeal, of the same case determined by the court of first instance. - The devolutive effect of appeal. Its nature. - Exhaustion of the first-instance court's jurisdiction by ruling on the merits of the action. The Court of Appeal's ruling setting aside that judgment. Its effect: it must determine the merits of the action without remitting it to the first instance. This does not constitute evocation by it, but is a consequence of the appeal's effect in transferring the merits to it. The Court of Appeal's remittal of the action to the court of first instance. Its criterion. That the latter court has not determined the merits of the action. Reason thereof. - The Court of Appeal's ruling upholding the appealed judgment on the basis of equivalent performance after finding the contract submitted before the court of first instance void. Application of the devolutive effect of appeal. It does not violate the principle of two-tier adjudication.