Kuwait Court of Cassation principle number 3631

The material defense that the court of merits must address. It is a defense which, if valid, may change the view taken of the case, being founded on a fact established by evidence in accordance with the rules prescribed for that purpose by the laws governing evidence, other than through which it is impermissible to seek the judicial truth upon which - 684 - Civil Procedure judgments are based, or on a fact that the litigant requested the court to enable him to prove in accordance with those rules.