Kuwait Court of Cassation principle number 4012

The validity of judgments. Its condition. Their being based on reasons that examine and scrutinize every request or material defense that may affect determination of the action. - Assessment of evidence. Falls within the trial judge’s authority. The condition for this. The reasons must lead to the conclusion reached. Failure of this condition. Faulty inference. - The appellant’s reliance on a copy of the lease concluded between his seller and the latter’s relatives, and his substantiation of this by several presumptions. The challenged judgment’s reversal of the appealed judgment insofar as it held the lease to be sham, on the ground that the plea concerning it was ineffectual, without scrutinizing the appellant’s defense and its significance, while establishing its sham nature would realize the appellant’s interest in requesting actual delivery of the property to him as an effect of the sale. Renders it defective in a manner requiring its partial cassation.