Kuwait Court of Cassation principle number 2942

Failure expressly to invoke enforcement of the penalty clause in the statement of appeal, while referring to it incidentally, reserving the right to raise other grounds of appeal at the hearing, and invoking this clause in subsequent memoranda and documents. Its implication: the defense concerning the penalty clause is deemed presented to the Court of Appeal for determination. Its disregard of the request to enforce it renders its judgment defective so as to require its cassation.