Kuwait Court of Cassation principle number 3100

Effecting judicial set-off. It must be sought in the form of an incidental claim in the original action. Seeking it in the form of a defence to the opposing party's action or for the first time on appeal. Impermissible. - Raising a claim for judicial set-off for the first time on appeal and requesting referral for evidentiary investigation or the appointment of an expert in order to effect it. The Court of Appeal's disregard thereof. The ground of challenge relating thereto. Ineffectual.