Kuwait Court of Cassation principle number 3133

The plea that new claims before the appellate court are inadmissible. Its connection with public policy. The court must rule of its own motion that such a claim is inadmissible. A claim is considered new even if its subject matter has not changed from that of the claim raised before the court of first instance, whenever it exceeds it in amount. Its condition. That it does not fall within the exception provided for in Article 144/3 of the Civil Procedure Law. - Compensation whose increase may be claimed before the Court of Appeal. It is compensation in respect of which something has arisen justifying its increase beyond the amount specified in the final claims before the court of first instance, through aggravation - 527 - Civil Procedure of the damage justifying the claim. Merely increasing the amount of compensation without justification. A new claim. It may not be raised before the Court of Appeal. Contravening this. An error requiring cassation of the judgment.