Kuwait Court of Cassation principle number 2976

An appeal transfers the action in the state it was in before the appealed judgment was rendered, solely as regards the matters appealed. Article 144 of the Law of Procedure. Its implication: the court of second instance may, in forming its conviction, rely solely on the testimony of witnesses before the court of first instance, without needing to conduct a fresh evidentiary inquiry. - 503 - Procedure - The Court of Appeal may adopt a conclusion from witness statements different from that reached by the court of first instance, provided it bases its ruling on tenable reasons. Example.