Session on Tuesday, 5 November 2024, headed by the Judge / Shihab Abdulrahman Al-Hammadi, ‘Head of the Department’, with the membership of Judges/ Abdullah Boubaker Al-Siri and Sabri Shamsuddin Mohammed
(1-2)
Trial Court: The authority of the
Trial Court in realising the elements of the lawsuit and describing the contractual link between its parties’.
1. The
Trial Court has the authority to investigate the elements of the lawsuit, describe and identify the contractual relationship between the parties to the lawsuit, give it a legal definition, and interpret the documents, provided that it bases its judgement on the documents presented, makes conclusions on their basis, and relies on what has a source in the papers to reflect its scrutiny of the lawsuit and that its conclusion is consistent with the evidence. The Court of Cassation has the authority to monitor this.
2. An example of insufficient reasoning by the challenged judgement to generalise and summarise the negation of the liability error in a way that does not support its judgement and requires it to be re...