Kuwait Court of Cassation principle number 3143

A new claim that may not be raised for the first time before the Court of Appeal. It is one that differs from the claims before the court of first instance in its subject matter and cause or in the adversary against whom it is directed. Effect: it may be brought by an originating action without being met with a plea of res judicata arising from the judgment rendered on the original claim. - What does not constitute a new claim. What falls within the substance of the original claim, or is intended to clarify and define that claim or correct it without differing from it in its elements, or is intended to seek the legal consequences of the original claim, or is expressed in wording other than that used before the court of first instance. The determining consideration is the true nature and purpose of the claim, not the words in which it is formulated. Example.