Kuwait Court of Cassation principle number 520

The material defense that the trial court must address. It is the defense which, if valid, may change the view taken of the action, being founded on a fact established by evidence in accordance with the rules laid down for that purpose by the laws governing evidence, through which alone the judicial truth upon which judgments are based may properly be sought, or on a fact that the litigant has requested the court to enable him to prove in accordance with those rules.