Kuwait Court of Cassation principle number 3857

A party raising a material defense supported by documents. The court must respond to it. Contravention thereof: an invalidating deficiency. - The appellant’s insistence before the Court of Appeal—as she had previously asserted before the court of first instance—that the settlement had not been completed because the respondent had not performed his obligations under the settlement agreement, and that she had brought an action to rescind the settlement agreement which had not yet been determined, and her submission of a copy of its statement of claim as evidence thereof. A material defense. The judgment’s failure to respond to it. A deficiency requiring its cassation.