Kuwait Court of Cassation principle number 3059

Failure on appeal to challenge the first-instance judgment declaring the dissolution of the sale. Its becoming irrevocable. Claiming for the first time on appeal entitlement to the valuation compensation or to property allocated to the seller’s heirs, treating either as performance of the contract by way of compensation and as an inevitable consequence of the original claim for the validity and enforceability of the sale, which is equivalent to specific performance. Treating them as 2 new claims. Challenging this. Ineffectual. The reason. Entitlement to either depends on establishing the validity and enforceability of the sale.