Kuwait Court of Cassation principle number 228

The right to litigate and defend. Among guaranteed rights. The condition thereof: it must not be diverted from the purpose for which it was established and used as a means of obstinacy in litigation, harassment and malice to harm the opponent; otherwise, the person is deemed to have abused that right and compensation is due to the opponent therefor. - Inferring malice in litigation as a fault giving rise to liability. A factual matter within the exclusive province of the trial court. The condition thereof.