Kuwait Court of Cassation principle number 1399

Basing the judgment on a set of combined and mutually supporting presumptions such that the effect of each individually on the formation of the court's conviction is not apparent. The unsoundness of its reliance on some of those presumptions. Its effect. Cassation of the judgment. The reason for this. - The challenged judgment's rejection of the release issued by the respondent as sham. Its reliance in that regard on the evidence derived from the statements of his two witnesses and the presumption it inferred from the wording and particulars of the release. Establishment that what it inferred from the wording of that release does not lead by logical necessity to its being sham. A defect affecting the presumption. The lack of clarity as to the effect of excluding this defective presumption on the formation of the court's conviction. Its effect. The judgment must be partially quashed insofar as it ruled on the merits of the appeal. - 220 - Civil Procedure 5- Contradiction of the facts established in the papers:-