Kuwait Court of Cassation principle number 2970

Appeal. Its effect. Transfer of the action to the Court of Appeal with the pleas and grounds of defense previously raised by the respondent before the court of first instance, even if he does not invoke them before it, and whether the first-instance judgment accepted them or did not accept them, or interpreted them in one way rather than another and the court determined them against his interest. Its condition. That he has not waived them expressly or implicitly.