Kuwait Court of Cassation principle number 1322

The court must answer a definite request; otherwise, its judgment is devoid of reasons. Appointment of an expert is not a right of the litigants. Its implication: the court may refuse it for specific reasons subject to review by the Court of Cassation. - The appellants' insistence before the trial court that the commercial agency contract continued after the death of the agent—the predecessor in title of the appellants and respondents—and that the respondents managed the agency for the benefit of all the heirs, that it remained registered in the commercial registers in the predecessor's name, and that they appropriated its revenues for themselves. The appellants' request to appoint an expert to investigate the validity of this defense. The challenged judgment's disregard thereof, upholding the first-instance judgment dismissing the action on the basis that the agency terminated upon the agent's death. Does not - 207 - Civil Procedure constitute an answer to this defense or justify refusing the request to appoint an expert, which vitiates it and requires its cassation.