Kuwait Court of Cassation principle number 4056

A party raising a material defense capable of changing the outcome of the action and substantiating it with documents submitted to the court of merits. Its necessary consequence. The obligation to scrutinize this defense in light of the significance of those documents. Contravention thereof. Deficiency. - The appellant’s insistence before the court of merits that the respondent was not entitled to a custodial housing allowance because she received a housing allowance from her employer, and his submission of documents evidencing that. The challenged judgment’s award to her of a custodial housing allowance despite the impermissibility of combining the housing allowance she receives from her employer with another housing allowance imposed on the appellant. A violation of the law. - 751 - Procedure