Kuwait Court of Cassation principle number 2996

The devolutive effect of an appeal. Its nature. - The court of first instance exhausting its jurisdiction by ruling on the merits of the action. The Court of Appeal’s ruling setting aside that judgment. Its effect is that it must determine the merits of the action without remanding it to the first instance. This is not deemed an assumption of original jurisdiction by it, but is a consequence of the appeal’s effect in transferring the subject matter to it. The Court of Appeal’s remand of the action to the court of first instance. Criterion. That the latter court has not adjudicated the merits of the action. Reason therefor. - The Court of Appeal’s ruling upholding the appealed judgment on the basis of equivalent performance after concluding that the contract submitted before the court of first instance was void. An application of the devolutive effect of the appeal. It does not contravene the principle of litigation at two levels.