Kuwait Court of Cassation principle number 248

The defect of abuse of power concerns the substance of the administrative decision, not its outward form. Its meaning includes the administration’s violation of the spirit of the legislation and the purpose pursued by the legislator through its provisions. The reason for this. - An administrative decision must pursue not only the public interest but also the specific objective designated by law. Example of an administrative decision departing from that purpose. - The rule of specificity of objectives, which confines an administrative decision to the purpose prescribed for it. Departure from it towards harming individuals. This taints the decision with the defect of abuse of power. - Prohibiting the connection of electricity to a building in which a violation of licensing conditions occurs. Its purpose: the public interest and the interests of individuals. Establishment that the harm to these two interests has ceased. The municipality’s refusal - 72 - Administrative to grant the certificate that the building satisfies the requirements, necessary for connecting electricity. It has no basis. The defence relating thereto. A manifestly unsound defence; failure to respond to it does not render the judgment defective.