Kuwait Court of Cassation principle number 3313

Deciding whether the expressions used by a litigant are necessary for the defence. A matter for the trial court. Its condition. It must base its ruling on reasonable grounds. - Characterisation of an act as constituting fault or not is subject, in the trial court’s ruling, to review by the Court of Cassation. - The judgment’s basing its ruling dismissing the action on the absence of fault, despite the defence memorandum containing expressions constituting an affront to the appellants and not required for the defence in the action. This vitiates it. - 614 - Obligation