Kuwait Court of Cassation principle number 4052

Obtaining an order prohibiting the debtor from traveling. Its condition. That the creditor’s right be certain in existence and due for payment, and that the creditor establish evidence of serious grounds giving reason to believe that the debtor will flee from the debt and that he is able to pay. - The female appellant’s submission of a request to reopen the appeal for pleadings to present her defense, accompanied by documents indicating - 750 - Civil Procedure the first respondent’s ability to pay and her fear that he would flee, because she had not appeared in the appeal after its resumption. Its implication. The court must respond to that request with reasonable grounds consistent with the law. Reason thereof. Giving effect to the adversarial principle. The court merely stating that this falls within its unfettered discretion and basing its ruling on the female appellant’s failure to submit documents indicating the first respondent’s ability to pay or that his flight was feared, whereby the court deprived her of her right of defense and proof, which renders its judgment defective and necessitates its cassation. - Inadequacy: -