Kuwait Court of Cassation principle number 3839

Assessment of a litigant’s request to return the assignment to the expert. For the court of merits. The request involving enabling him to prove or disprove a material defense, where this means is relevant to determining the dispute and the case papers or evidence presented do not contain sufficient material to decide it. Effect thereof. The court must grant this request. Its rejection of the request to refer the matter back to the expert, its reliance on his report and its adoption of it as the basis for deciding the case, where its grounds do not lead to the conclusion reached or do not constitute a suitable response to that defense. Renders the judgment defective for inadequacy and necessitates its cassation.