Kuwait Court of Cassation principle number 2763

Appealing the judgment issued on the grievance against the payment order and ruling to annul it for a reason unrelated to the petition - 469 - Civil Procedure for its issuance or on the basis of the absence of one of its substantive conditions. The court must not stop at annulment but must proceed to hear the dispute to issue a decisive judgment therein. - The court of the merits has original jurisdiction to determine the dispute. The basis for this. Expansion of the scope of appeal to examine the creditor's entitlement to his claim. The rationale for this. Application of the devolutive effect of appeal. Its implication. That the court of second instance determines the very case appealed. The rationale for this. 14- Acceptance precluding appeal against the judgment:-