Kuwait Court of Cassation principle number 3858

A request or ground of defense advanced by a litigant before the trial court for determination and which would—if valid—change the view taken of the action. The court must express its view on it, otherwise its judgment is inadequate. - The appellant’s defense that the General Secretariat of Awqaf exercised supervision over the endowment, collected the revenues of the endowed assets, and disbursed them to their beneficiaries, and his submission of supporting evidence without objection from the respondent. A material defense. The judgment’s failure to respond to it requires its cassation.