Kuwait Court of Cassation principle number 1626

A material defence. The court must address it and express its opinion on it. Such defence must be founded on a fact established by evidence in accordance with the parameters prescribed for that purpose by the laws governing evidence. Contravention thereof and the court’s rejection of the request to seek the assistance of experts to establish the administrative authority’s right to rescind the contract for a justifying excuse, which is a material defence that, if valid, would change the view taken in the action. Renders the judgment defective and requires its cassation.