Kuwait Court of Cassation principle number 2831

The scope of the action is defined by the judicial claim, whether original or incidental. The effect of that. The court’s obligation, when determining it, not to go beyond its scope. - The female appellant’s confinement of her claim to judicial divorce without the resulting financial effects, and without the respondent submitting an incidental claim in this regard. The effect of that. The scope of the action before the appellate court is confined to the judicial divorce claim made before the court of first instance and no other. The judgment’s granting judicial divorce while depriving the female appellant of compensation. Vitiates it and requires its cassation.