Kuwait Court of Cassation principle number 2793

Failure on appeal to challenge the first-instance judgment that the sale was dissolved. Its becoming irrevocable. Claiming for the first time on appeal entitlement to the appraisal compensation or to another property allocated to the seller's heirs, on the basis that either constitutes performance of the contract by way of compensation and an inevitable consequence of the original claim for the validity and enforceability of the sale, which represents specific performance. Treating them as two new claims. The complaint against this. Ineffectual. The rationale for this. Entitlement to them depends on establishing the validity and enforceability of the sale. - 474 - Civil Procedure