Session of Monday, April 22, 2024
Headed by Judge Shihab Abdulrahman Al Hammadi, "Head of the Department" with the membership of Judges Al-Hassan Bin Al-Arabi Faidi and Juma'a Ibrahim Mohammed Al-Otaibi
(1-4) ‘Trial Court : Its authority to conclude the extent of the injured party's contribution to the fault that resulted in the compensable damage.’ Deficient reasoning of the judgement ‘Deficient reasoning’. Defence ‘Substantive defence’.
1. The power to obtain an understanding of the facts in the case and to deduce the extent of the contribution of the penal fault to the occurrence of the compensable damage and the causal relationship between them and the extent of the injured person's contribution to the fault that resulted in the damage. The trial court has the authority to do so.
2. Taking into account the evidence presented in the case and responding to the substantive defence. Duty of the trial court. Failure to discuss the evidence affecting the dispute when the opponent maintains its significance is a deficiency.
3. The judgement fails to address the substantive defenc...