Kuwait Court of Cassation principle number 304

The female appellant's submission of an application to reopen the appeal for pleadings to present her defence, accompanied by documents indicating the first respondent's ability to pay and her fear that he would abscond, because she had not appeared in the appeal after it was restored to the hearing list. Its implication. The court must respond to that application with sound reasons consistent with the law. The reason for this. To give effect to the adversarial principle. The court merely stating that this falls within its unrestricted discretion and basing its ruling on the female appellant's failure to submit documents indicating the first respondent's ability to pay or that his absconding was feared, whereby the court precluded her right to defend and prove her case, vitiates its judgment and requires its cassation. 24- Non-contentious orders:-