Kuwait Court of Cassation principle number 2865

An incidental appeal or cross-appeal transfers the entire dispute determined by the court of first instance to the Court of Appeal, within the limits of the relief sought in them and in the principal appeal. The Court of Appeal has the authority to determine the dispute in all its aspects and may take an approach to assessing maintenance different from that of the court of first instance. The basis for that. - The female respondent’s bringing a cross-appeal seeking an increase in spousal and minor-child maintenance in its two categories and the rent for the custodial residence. Its effect: the Court of Appeal may reassess maintenance at what it considers appropriate to meet their needs. Its conclusion that the maintenance awarded suffices only for the female respondent’s needs in their two categories, excluding housing, on reasonable grounds supported by the case papers. Criticism of that. Unfounded.