Kuwait Court of Cassation principle number 291

A challenge on grounds of forgery. A means of defence on the merits of the action for which the legislature has not prescribed special procedures for its submission. It is sufficient for it to appear in a memorandum submitted by the challenger or to be recorded in the hearing minutes, without requiring its inclusion in a separate report deposited with the Court Registry. The challenge must be raised expressly and unequivocally, specifying the instances of forgery, its evidence, and the investigative procedures by which it is sought to be established. Denial of the accuracy of the particulars of the document is insufficient for the challenge to be considered raised. - Failure to pursue a forgery challenge and confining oneself to denying the authenticity of the document on the basis of circumstantial evidence. The challenged judgment's determination of the challengers' defence concerning the document and of the merits of the action in a single judgment. Correct. - 56 - Civil Procedure