Kuwait Court of Cassation principle number 3077

The plea that an action may not be heard owing to lapse of time. A substantive plea. The court of first instance's judgment upholding it exhausts its jurisdiction to examine the merits. An appeal brought against this judgment. Places the action, including its claims and defences, before the court. Its effect. The court must adjudicate the merits of the action upon reversing it, so long as the appellant has not expressly or impliedly abandoned any of his claims, even if he insisted on requesting referral to the competent court in his final submissions. Contravention thereof. An error requiring cassation of the judgment. - The holder's right to compensation notwithstanding limitation of the action claiming the value of the cheque:-