Kuwait Court of Cassation principle number 2277

Each contracting party, in respect of reciprocal obligations that are due, has the right to plead non-performance of his obligation if the other contracting party fails to perform his obligation, and may withhold what he is obliged to render to the other contracting party who refuses to discharge an obligation he owes. Articles 219, 318/1 of the Civil Code. - The judgment's basing its dismissal of the appellant's action for entitlement to take procedures to transfer the contract for the disputed plot into his name on the ground that the respondent's obligation to assign the usufruct right over the plot coincides with the appellant's obligation to pay the remainder of the price, and that the latter neither performed it nor furnished adequate security for its performance, so the respondent cannot be compelled to perform his obligation. Sound reasoning not contrary to law. The challenge to the judgment in this respect. Unfounded. The appellant's contention that he is entitled to withhold the price until electricity is connected to the farm on the plot and the rent and electricity and water consumption charges due on it are paid. A defence involving matters of fact. It may not be raised for the first time before the Court of Cassation. His payment of the remainder of the price after the challenged judgment was rendered. Unavailing.