Kuwait Court of Cassation principle number 3327

The agreed commission or benefit and interest. The creditor is not prohibited from combining them even if this exceeds the legally prescribed maximum interest. The condition therefor. That the commission or benefit not be without a genuine service performed by the creditor in return. The burden of proving this rests on the debtor. Example. Treating the consideration for services collected in advance by the bank as concealed interest, despite the debtor not alleging their fictitious nature or countering them with a defence, is an error.