Kuwait Court of Cassation principle number 266

Review by the administrative judiciary when exercising its jurisdiction in annulment actions and reviewing the legality of the challenged decision. It adjudges it, brings its assessment to bear upon it and weighs it justly in light of the correct facts and the reality upon which its constituent elements were based. Its ascertainment of the decision’s proper course and its sound conformity with the established basis of legality. Its siding with it, approving it and affirming its original validity. Its finding that one of its constituent elements is defective or that it exceeds the requirements of legality. Entailing its annulment and the removal of its effects. This necessarily requires the court to address, examine and scrutinize the appellant’s grounds of defence criticizing the challenged decision, and to include in its judgment what demonstrates its assessment of the challenged decision and its application of legality review thereto. - The trial court has the power to understand the decision in its true nature and ascertain the extent to which it rests on grounds justifying it, and the extent to which its constituent elements exist and its conditions of validity are complete. The condition for this. An example of inadequacy in the judgment requiring its cassation in full.