Kuwait Court of Cassation principle number 2854

Claims brought before the court of second instance. Their nature: only those adjudicated by the court of first instance and appealed. Its implication. Omission of one of the claims before the court of first instance. The means of remedying it. Returning to that court to remedy what it omitted to adjudicate. The reason for this. Inclusion in the operative part of the phrase 'all other claims are dismissed.' This is not considered adjudication of the omitted claim. The reason for this. That phrase refers only to claims examined in the judgment. - Litigation at two levels. A fundamental principle of the judicial system. Its relation to public policy. Effect. The parties may not waive it, nor may a judgment contravene it.