Kuwait Court of Cassation principle number 255

The defect of abuse and misuse of power that justifies annulment of an administrative decision. It is an intentional defect. Necessary consequence. The administrative authority must have departed from the public interest and issued the decision for a motive wholly unrelated to that interest. Consequence. This defect is not presumed and evidence of it must be adduced. - Establishment of abuse of power. A matter of fact. Its condition. - The regulations governing the dispatch of university teaching assistants on scholarships. They set the original period for obtaining master's and doctoral degrees at five years, which may be extended for one year with the same salary and allocations, after which the scholarship is suspended if the recipient has not obtained the doctoral degree. The scholarship may become study leave after approval by the General Scholarships Committee, for a maximum of one year, after which the scholarship is withdrawn and the recipient's service with the university is terminated; the university may recover all travel expenses and study costs it has incurred up to the date of issuance of the decision withdrawing the scholarship. The judgment reaching that conclusion. No defect.