Kuwait Court of Cassation principle number 1490

A material defence. The court must address it and express its opinion on it. And the foundation of this defence must be a fact for which evidence has been established in accordance with the requirements laid down for that purpose by the laws governing evidence. Contravening this and the court’s rejecting the request for assistance from experts to clarify the administrative authority’s right to rescind the contract for a justifying excuse, which is a material defence that, if valid, would change the view taken of the case. Renders the judgment defective and requires its cassation. Reasoning of the appellate judgment