Kuwait Court of Cassation principle number 3132

An appeal transfers the action in the state it was in before the appealed judgment was rendered, as regards the matters appealed. The implication thereof. New claims are inadmissible on appeal. The basis thereof. - The court of first instance’s exclusion of the subsidiary claim - establishment of custody of the minor - for non-payment of the fee due thereon. Its implication: the claim falls outside the scope of the exceptional proceedings, and the Court of Appeal may not undertake to adjudicate it. Contravening this and ruling to establish custody of the minor. An error in the application of the law requiring partial cassation of the judgment.