Kuwait Court of Cassation principle number 4045

The court must address a document affecting the action and state its opinion on it. - The court's adoption of an expert report whose reasons do not lead to its conclusion and thus cannot answer a material defence maintained by a party. Renders its judgment defective for inadequate reasoning. - The appellants' contention before the court of merits that the seized goods included non-infringing goods whose confiscation had not been ordered, which the Customs Department detained and wrongfully refused to return; and their production, in support thereof, of copies of the two purchase invoices, the certificate of origin and the order of the President of the Court of First Instance to release the non-infringing goods. The judgment's reliance, in proving that the respondents did not detain the non-infringing goods, solely on what it inferred from the expert report before the first-instance court, which did not address those documents or answer the criminal judgment's finding that non-infringing goods existed. Inadequate reasoning and defective inference requiring its partial cassation. - 749 - Procedure