Kuwait Court of Cassation principle number 3137

Litigation at two levels is one of the fundamental rules of litigation. - New requests before the Court of Appeal are inadmissible. Reason therefor. - Raising any new request before the Court of Appeal. Inadmissible. Necessary consequence: the court may so rule of its own motion. Condition thereof. Its difference from the request raised before the court of first instance in its subject matter, basis, or the litigant against whom it is directed. A request similar to that raised before the court of first instance. Considered a new request if different from it, even if it includes an incidental request, except for accessories arising from the original request that newly arise and become due after submission of the final requests before the court of first instance. - The court of first instance granting the respondent her requests for the wages of a servant and a driver. Her submission of a memorandum containing an incidental appeal seeking to oblige the appellant to pay the cost of recruiting a servant and a driver and the price of a car. Constitutes a new request that was not before the first-instance court. Effect thereof. Its inadmissibility. The challenged judgment’s departure from this. An error in applying the law. - 528 - Procedure