Kuwait Court of Cassation principle number 1190

Each contracting party, in 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 bound to render to the other contracting party who refuses to discharge an obligation incumbent upon him. Articles 219 and 318/1 of the Civil Code. - The judgment’s basing its dismissal of the appellant’s action asserting his entitlement to take steps to transfer the contract for the disputed plot into his name on the ground that the respondent’s obligation to assign the usufruct right to the plot coincides with the appellant’s obligation to pay the balance of the price, and that the latter neither performed it nor furnished sufficient security for its performance, so the respondent cannot be compelled to perform his obligation. Reasonable 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 charges for electricity and water consumption due on it are paid. A defence involving facts. May not be raised for the first time before the Court of Cassation. His payment of the balance of the price after issuance of the challenged judgment. Unavailing.