Kuwait Court of Cassation principle number 3013

The devolutive effect of appeal. Its meaning: transfer of the action, within the limits of the matters appealed against, to the court of second instance. The pleas and defences previously raised by the respondent before the court of first instance. Are resubmitted before the Court of Appeal even if the respondent does not rely on them or lodge an incidental appeal concerning them. The condition therefor: that the respondent has not waived them expressly or implicitly.