Kuwait Court of Cassation principle number 937

Proof rests upon whoever asserts, whether plaintiff or defendant. The court of merits determines the dispute before it in light of the evidence and documents submitted to it. It is not obliged to direct the litigants to provide proof of their defense or draw their attention to its requirements. The consequence thereof. Its judgment is not vitiated by its disregard - 150 - Civil Procedure of a defense devoid of supporting evidence or by its failure to take an evidentiary measure which was not requested of it and which it did not consider necessary.