Kuwait Court of Cassation principle number 3117

Effecting judicial set-off. Necessity of raising it in the form of an incidental claim in the original action. Requesting it in the form of a defense to the adversary's action or for the first time on appeal. Impermissible. - Raising judicial set-off for the first time on appeal and requesting referral for evidentiary inquiry or appointment of an expert to conduct an inquiry with a view to effecting it. The Court of Appeal's disregard thereof. The ground of challenge relating thereto. Ineffective.