Kuwait Court of Cassation principle number 3427

Judgments and decisions eligible for provisional enforcement are enforced at the sole responsibility of the applicant for enforcement. The judgment creditor's failure to wait and proceeding to enforce the judgment while knowing that it is liable to be set aside upon challenge. Its effect: bearing its risks if the judgment is set aside; enforcement becomes devoid of legal basis, and the applicant for enforcement is obliged to restore the situation to what it was and compensate for damage that may arise from enforcement. This is not altered by the judgment under which enforcement took place having been issued by the court of urgent matters. The reason for this. - Inferring the existence or absence of fault giving rise to liability is for the trial court, so long as its inference is reasonable and has an established basis in the case papers. If otherwise. The judgment is tainted by defective reasoning. Example.