المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Pleadings — Part Three

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 3,735 available principles

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  1. عدم قبول طلبات جديدة في الاستئناف

    Principle 3085A new claim on appeal. Its nature. - What matters in a claim is its substance and purpose, not the words in which it is formulated. - What falls within the general scope of the original claim before the court of first inPleadings — Part Three · Source page 520
  2. Principle 3086The inadmissibility of new requests on appeal. A rule relating to public policy. - 520 - Procedure - The Court of Appeal disregarding the new request. No defect.Pleadings — Part Three · Source page 520
  3. Principle 3087The rule prohibiting new claims on appeal does not preclude changing the ground of the claim or adding to it. An example of a new ground for a compensation claim founded on fault, in addition to the other ground on whichPleadings — Part Three · Source page 521
  4. Principle 3089The inadmissibility of new claims on appeal is a rule pertaining to public policy. Determining the true nature of those claims and whether they correspond to or differ from those set out in the appeal petition. Is withinPleadings — Part Three · Source page 521
  5. Principle 3090Impermissibility of submitting new claims on appeal. A rule pertaining to public policy. The new claim that is inadmissible on appeal. Its nature. Example: a claim for interest for the first time before the Court of AppePleadings — Part Three · Source page 521
  6. Principle 3091Effecting judicial set-off. Its condition. It must be raised in the form of an incidental claim, not in the form of a defense. - Judicial set-off may not be sought for the first time on appeal.Pleadings — Part Three · Source page 521
  7. Principle 3092What may be submitted for the first time before the Court of Appeal is evidence, pleas and grounds of defence. New claims. Inadmissible. The exceptions thereto and their conditions. Example of a new claim: a claim for paPleadings — Part Three · Source page 521
  8. Principle 3093The plea of inadmissibility of new claims on appeal. It concerns public policy. The effect of this. The court's obligation to rule of its own motion that they are inadmissible. When a claim is considered new.Pleadings — Part Three · Source page 522
  9. Principle 3094New claims on appeal that were not presented to the court of first instance. Inadmissible. An example concerning a claim for a driver's wages for the first time on appeal.Pleadings — Part Three · Source page 522
  10. Principle 3095Effecting judicial set-off. Its condition. That it be raised in the form of an incidental claim. It may not be requested in the form of a defence to the opposing party's action. Nor may it be requested for the first timePleadings — Part Three · Source page 522
  11. Principle 3096Effectiveness of the partition. Its dependence on payment by the holder of the larger share of the equalization amount for the obligation to complete the partition. - A new claim and a means of defence. The nature of eacPleadings — Part Three · Source page 522
  12. Principle 3097New claims are inadmissible on appeal. The court must so rule of its own motion.Pleadings — Part Three · Source page 522
  13. Principle 3098A new claim that is inadmissible on appeal. Its nature. Example of what constitutes clarification of the original claim and not a new claim.Pleadings — Part Three · Source page 522
  14. Principle 3099A new claim is inadmissible on appeal. - The nature of a new claim. Example concerning supplementary compensation as a new claim on appeal. - 522 - Civil ProcedurePleadings — Part Three · Source page 522
  15. Principle 3100Effecting judicial set-off. It must be sought in the form of an incidental claim in the original action. Seeking it in the form of a defence to the opposing party's action or for the first time on appeal. Impermissible. Pleadings — Part Three · Source page 523
  16. Principle 3102Judicial set-off. Its conditions. Raising it in the form of a defence to the opposing party's action. Requesting it for the first time before the Court of Appeal. Impermissible. An example.Pleadings — Part Three · Source page 523
  17. Principle 3103New claims on appeal. Inadmissible. This concerns public policy. - A new claim. Its nature. Example concerning what constitutes a new claim: claiming interest for the first time on appeal.Pleadings — Part Three · Source page 523
  18. Principle 3104Exclusion of the claim for provisional compensation for failure to pay the fee due on it before the court of first instance. Its effect. It is deemed outside the scope of the litigation. Its implication: presenting it onPleadings — Part Three · Source page 523
  19. Principle 3106A new claim may not be submitted on appeal. This pertains to public policy. The basis thereof. - A new ground may be raised on appeal while the subject matter of the original claim remains unchanged.Pleadings — Part Three · Source page 523
  20. Principle 3107Prohibition on admitting any new claim before the appellate court. The reason therefor. - The statement of claim being confined to a request to a request for judicial divorce without addressing the financial consequencesPleadings — Part Three · Source page 523
  21. Principle 3109An express, unequivocal claim is what binds the court. - A new claim before the appellate court. Inadmissible. The basis thereof.Pleadings — Part Three · Source page 524
  22. Principle 3110Incidental claims by the defendant. Their restriction to the first instance. They may not be raised before the Court of Appeal. The rationale for this.Pleadings — Part Three · Source page 524
  23. Principle 3111The impermissibility of submitting new claims on appeal. A fundamental rule concerning public policy. - A new cause may be submitted on appeal while the subject matter of the original claim remains unchanged.Pleadings — Part Three · Source page 524
  24. Principle 3112Raising new claims on appeal. Inadmissible. The ground may be changed while the subject matter of the original claim remains unchanged.Pleadings — Part Three · Source page 524
  25. Principle 3113Appeal. Its scope. Raising new requests on appeal is impermissible. The court may, of its own motion, rule them inadmissible. - An incidental request raised in the notice of appeal constitutes a new request. Raising it fPleadings — Part Three · Source page 524
  26. Principle 3114Judicial set-off. Its implementation requires that it be raised in the form of an incidental claim submitted by the defendant in response to his opponent's original action. It may not be requested in the form of a plea fPleadings — Part Three · Source page 524
  27. Principle 3115The Court of Cassation may, of its own motion, raise grounds pertaining to public policy even if they were not set out in the cassation petition. - Inadmissibility of new claims on appeal. Its purpose. To avert the loss Pleadings — Part Three · Source page 525
  28. Principle 3116The scope of the appeal is determined by the claims previously raised before the court of first instance, within the limits of what is appealed. New claims are inadmissible on appeal. This concerns public policy. ExamplePleadings — Part Three · Source page 525
  29. Principle 3118A judicial claim, whether original or incidental. Its nature. A procedural act directed to the court against the defendant, around which the litigation revolves, which defines the scope of the action and binds the court Pleadings — Part Three · Source page 525
  30. Principle 3121A 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 whomPleadings — Part Three · Source page 526
  31. Principle 3123New claims on appeal. Inadmissible. Their nature. - A claim to establish ownership by possession. Its purpose: obtaining a judgment declaring ownership established through possession. An example of what constitutes a newPleadings — Part Three · Source page 526
  32. Principle 3124An application for a composition preventive of bankruptcy submitted by the debtor or the Kuwait Investment Authority. Must initially be submitted to the Court of First Instance competent to declare the bankruptcy of cliePleadings — Part Three · Source page 526
  33. Principle 3125New requests on appeal. Inadmissible. Changing and adding to the cause of action while the original request remains unchanged. Permissible. Reason therefor.Pleadings — Part Three · Source page 526
  34. Principle 3126The litigants' failure to appear before the court of first instance. The incidental claim made before the Court of Appeal. Impermissible. The judgment's disregarding it does not render it defective.Pleadings — Part Three · Source page 526
  35. Principle 3128The scope of the appeal. Defined by the claims made before the court of first instance within the limits of the matters appealed. The implication thereof. No departure from them is permissible, whether by changing their Pleadings — Part Three · Source page 527
  36. Principle 3129Judicial set-off. Its condition. Presenting it in the form of an incidental claim submitted by the defendant in response to his opponent's original action. It may not be sought in the form of a defense to the opponent's Pleadings — Part Three · Source page 527
  37. Principle 3130A claim not made before the court of first instance. A new claim before the Court of Appeal.Pleadings — Part Three · Source page 527
  38. Principle 3132An appeal transfers the action in the state it was in before the appealed judgment was rendered, as regards the matters appealed. The implication thereof. New claims are inadmissible on appeal. The basis thereof. - The cPleadings — Part Three · Source page 527
  39. Principle 3133The plea that new claims before the appellate court are inadmissible. Its connection with public policy. The court must rule of its own motion that such a claim is inadmissible. A claim is considered new even if its subjPleadings — Part Three · Source page 527
  40. Principle 3135The appellant limiting her final requests before the court of first instance to a request for divorce on grounds of harm. Necessary consequence. The inadmissibility of renewing her maintenance request before the Court ofPleadings — Part Three · Source page 528
  41. Principle 3136Inadmissibility of new claims on appeal. Example: concerning a claim, made for the first time on appeal, for liability for whatever may be adjudged against another litigant.Pleadings — Part Three · Source page 528
  42. Principle 3137Litigation 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. NecPleadings — Part Three · Source page 528

  43. المستأنف

    Principle 3138The challenged judgment's sound conclusion that the female appellant failed to appear—as defendant—before the court of first instance and the appointed expert. The judgment's resulting determination that the appellant's Pleadings — Part Three · Source page 529
  44. Principle 3139The authority of the Court of Appeal. Pursuant to the devolutive effect. To rectify purely clerical errors in the appealed judgment. When an error is purely clerical. Example. - Correction of a clerical error in a judgmePleadings — Part Three · Source page 529

  45. ما استثنى بنص القانون

    Principle 3141Judicial set-off. What is required to effect it. Raising it in the form of an incidental claim submitted by the defendant in response to the original action. Seeking it in the form of a defense or seeking it for the firsPleadings — Part Three · Source page 529
  46. Principle 3142New claims may not be made on appeal. A fundamental rule relating to public policy. An exception permits adding wages, salaries, all ancillary amounts, and increases in compensation to the original claim after final submPleadings — Part Three · Source page 530
  47. Principle 3143A 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 whomPleadings — Part Three · Source page
  48. Principle 3146A claim for rent for a specified period and any further rent accruing until eviction is completed. Its implication. The claim for rent accruing after judgment in the action is considered to be before the Court of Appeal,Pleadings — Part Three · Source page
  49. Principle 3147A claim for specific performance and performance by way of compensation. Two equivalent branches of performance of the debtor's obligation. Its implication. A claim for specific performance implicitly includes a claim foPleadings — Part Three · Source page
  50. Principle 3148The right of litigants to raise a new defense before the Court of Appeal even if it was not previously invoked before the court of first instance.Pleadings — Part Three · Source page
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