Kuwait Court of Cassation principle number 3864

A material defense maintained by a party which, if correct, would change the outcome of the action, and which he substantiates with documents. The court must scrutinize it and respond with sufficient reasons; otherwise its judgment is deficient. An example concerning the judgment’s disregard of a defense relating to the prohibition on combining performance of the housing obligation in kind with awarding its monetary equivalent as a housing allowance within maintenance.