KUWAIT CITY, Aug 7: The Civil Division in the Court of First Instance has ruled in favor of a citizen in a real estate dispute, ordering the annulment of a preliminary sale contract signed in June 2013 between the plaintiff and the defendant for a residential unit under construction in Hawally. The court ordered the defendant to return the full contract amount of KD105,000 to the plaintiff, along with moral compensation of KD5,001.

It also instructed the defendant to pay legal expenses and KD200 in attorney fees. The plaintiff was represented by Attorney Mishari Al-Shammari, who argued that his client honored all contractual obligations by paying the agreed amount in full, with the expectation that the unit would be delivered upon completion of construction. However, the defendant breached the contract by refusing to register the agreement or hand over the property; causing substantial financial loss and psychological distress to the plaintiff.

Al-Shammari submitted official documents to the court, including a copy of the preliminary sales contract and receipts proving full payment. The defendant, despite being formally notified, failed to appear at any of the trial sessions. The court referred the case to the Department of Experts at the Ministry of Justice. The report of the department confirmed that the defendant is liable for the full amount of KD105,000.

The court further affirmed that the plaintiff met all contractual obligations, while the defendant’s refusal to fulfill his responsibilities is a clear breach. Citing established legal principles and jurisprudence, the court ruled to annul the contract and award financial restitution and compensation to the plaintiff; in accordance with the legal provisions governing binding contracts. These provisions entitle the aggrieved party to seek contract cancellation and damages when the other party fails to meet their obligations without justification.

By Jaber Al-Hamoud
Al-Seyassah/Arab Times Staff