Kuwait Court of Cassation principle number 1165

The 2 appellants’ bringing their action claiming an amount on the basis of the female respondent’s acknowledgment in the notarized contract. Its implication. The action is in truth a claim for performance of the obligation contained in that contract. The challenged judgment’s dismissal of the action on the basis that it is a recourse action requiring proof that the 2 appellants paid the amount before their right of recourse can be established. An error in applying the law that prevented it from assigning the action its correct legal characterization, requiring its partial cassation.