Kuwait Court of Cassation principle number 3659

Rules governing enforcement of judgments. They include that enforcement must be directed against the judgment debtor. Verification of the identity of the person against whom enforcement is sought. Rests upon the enforcement applicant. Establishment that the person against whom the procedures were directed is not the judgment debtor. The enforcement applicant must compensate that person for the damage when the elements of liability are present. Example concerning the challenged judgment's failure to notice the lack of the requisite accuracy and caution in enforcement, which harmed the person subjected to enforcement, falls within abuse of the right to litigate, and gives rise to a right to compensation, thereby vitiating the judgment and requiring its cassation. - 673 - Obligation