Kuwait Court of Cassation principle number 1101

The decisive oath. It belongs to the litigant, not the judge. The implication: the judge must tender it whenever its conditions are met. He may refuse to tender it if he considers that the applicant has abused this request. - Inferring abuse in tendering the oath. Within the trial court’s power, provided it bases its inference on considerations capable of leading to it. Its finding of abuse in tendering the oath merely because the facts sought to be proved are negated by a document issued by the party requesting that the oath be tendered. Inadequacy of reasoning. The basis for this: the fact that the matter sought to be proved by oath conflicts with written evidence does not, of itself, indicate that the oath is abusive. Example. Limitation of the right: