Kuwait Court of Cassation principle number 3193

The respondent's right to lodge an incidental appeal. Its condition: not having accepted the judgment after the principal appeal was lodged. This concerns public policy. It may be invoked for the first time before the Court of Cassation. - The respondent's plea that the principal appeal is impermissible because its value is below the threshold. An implicit acceptance of the judgment appealed against, barring the respondent from lodging an incidental appeal and extinguishing the right to lodge it. The judgment's admission of this appeal. A violation of law requiring its cassation. - 538 - Procedure - The judgment's ruling admitting the incidental appeal is its gateway to determining its merits. A ruling quashing it. Its necessary implication. Quashing its ruling on the merits. An example.