Kuwait Court of Cassation principle number 3863

Material defence. The court must address it and state its opinion on it. And this defence must be founded on a fact established by evidence in accordance with the rules prescribed therefor by the laws governing evidence. Failure to do so and the court’s rejection of the request to seek expert assistance to establish the administrative authority’s right to rescind the contract for a justifying excuse, which is a material defence that, if valid, would change the view taken of the action. Renders the judgment defective and requires its cassation.