Kuwait Court of Cassation principle number 3516

Reversal of the judgment issued on a grievance against a payment order for a reason unrelated to the petition for obtaining it or on the basis of the absence of one of the conditions necessary for its issuance. Consequence: issuance of a judgment conclusively determining the dispute between creditor and debtor. The court of the merits has original jurisdiction to determine the dispute. Its basis. Extension of the scope of the appeal to examine the creditor’s entitlement to his claim. The rationale thereof. Application of the devolutive effect of appeal. Consequence. The court of second instance determines the very case under appeal. The rationale thereof..