Kuwait Court of Cassation principle number 3634

Material defense. Its nature. The court of merits must address it, scrutinize it, and express its opinion on it. Its disregard of a request relating to proof is conditional upon its finding sufficient material in the case to form its conviction. The Court of Cassation reviews the judgment if the grounds on which it is based do not lead to its conclusion. - The appellant’s insistence before the Court of Appeal on referring the case for investigation to prove that the respondent did not own the gold jewelry claimed, adducing a document in support thereof. A material defense. The judgment’s disregard of it. Inadequate reasoning and infringement of the right of defense. Necessitates its partial cassation. 28- Its authority to infer simulation or its absence:-