Kuwait Court of Cassation principle number 1648

Inferring the existence or absence of harm. Within the authority of the court of merits where it bases its ruling on reasonable grounds. - The challenged judgment's conclusion that fault could not be attributed to the first respondent until after his submission of the statement of account. Its implication. The action seeking compensation for material harm was brought prematurely. Its subsequent ruling rejecting it. Requires its cassation. - Inferring the existence of harm warranting compensation and such harm as may arise in the future, or negating it. A matter of fact independently determined by the court of merits. Its condition. Example. - The absence from the papers of evidence of harm to any financial interest of the respondent. Awarding him material compensation renders the judgment defective and requires its cassation.