Kuwait Court of Cassation principle number 3844

Assessment of a litigant’s request to refer the assignment back to the expert. For the court of merits. Where the request involves enabling him to prove or disprove a material defence, this means is probative in the dispute, and the case papers or the evidence submitted are insufficient to decide it. Its effect: the court must grant this request. Its rejection of the request for referral back to the expert, reliance on his report, and adoption of it as the basis for deciding the action, where its reasons do not lead to the conclusion it reached or do not constitute an answer to that defence. Renders the judgment deficient and requires its cassation.