Terms violated, court cancels purchase deal

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KUWAIT CITY, May 29: The Commercial Court has decided to annul the contract signed between a Kuwaiti woman and a general trading and contracting company for the sale of an apartment. The court obligated the company to return an amount of KD 120,000 to the citizen due to violation of the terms and conditions of the contract. Representing the plaintiff was Lawyer Ali Al-Ali who said the company, according to the sales contract, sold a fully-finished apartment, but with the receipt dated no later than 36 months from the date of the contract. He highlighted the obligation of his client to pay the due amount in installments to the company.

Conditions
However, the company did not fulfill the agreed conditions related to the handing over of the apartment, despite the friendly attempts to settle this matter amicably. This prompted the Kuwaiti woman to formally resort to the judiciary to demand refund and the value of damages caused by the company for breaching its contractual obligation. In its ruling, the court highlighted the request for compensation for the material and moral damages incurred by the plaintiff as a result of the defendant’s act.

It was established that the plaintiff paid an amount of KD 21,250 to the defendant, with the hope of receiving the apartment fully constructed and delivered within a certain time, but the defendant breached the obligation. Hence, the court responded to the plaintiff’s demand on the grounds that the estimation of the due compensation is what she requested as final compensation for the damage. In another case , the Court of Appeals upheld the verdict issued by the Court of First Instance which obliged a real estate company to pay an amount of KD 117,000 to the family members of a Kuwaiti citizen, in addition to temporary civil compensation worth KD 5,000. By Jaber Al-Hamoud Al-Seyassah Staff

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