Kuwait Court of Cassation principle number 3167

A claim for equivalent performance for the first time on appeal. Permissible. Its condition: the original claim remains unchanged. Article 144/3 of the Law of Procedure. - The court of first instance’s rejection of the claim for the value of the share purchased in the company because the agreement to purchase it was void does not preclude a claim before the Court of Appeal for compensation equivalent to what accrued to the purchasers from their benefit from that share. - 534 - Procedure