Kuwait Court of Cassation principle number 3629

Court of merits. Its obligation to address every defence maintained by a litigant whenever it is material. Its failure to do so. Renders its judgment deficient. - The appellant’s insistence in her defence that the medical condition of the respondent’s employee does not fall within the occupational or industrial diseases specified by the Private Sector Labour Law and in accordance with what the Ministry of Social Affairs and Labour determines, and the challenged judgment’s failure to examine and scrutinize this defence although it is a material defence whose examination, if valid, would change the view taken of the action. Renders it deficient in reasoning and requires its cassation.