Kuwait Court of Cassation principle number 1193

The right of retention is among the means by which the creditor seeks to induce the debtor to perform his obligation. The condition thereof: adherence to the requirements of good faith and avoidance of abuse. Invoking this right requires a connection between the obligation of each party. The mere existence of reciprocal obligations between two persons, each of whom is creditor and debtor of the other, is insufficient. There must be a connection between the obligation of each, and the creditor’s corresponding obligation must be due for performance. Assessing whether the connection exists is for the court of merits, provided that it bases its judgment on tenable reasons.