Kuwait Court of Cassation principle number 229

An award of compensation for damage from vexatious litigation. Its prerequisite. That the appeal or the manner in which the litigant conducts his defence in the appeal was intended to vex. Article 135 of the Code of Civil Procedure. - The right of recourse to the courts. Diverting it from its prescribed purpose and using it vexatiously with the aim of harming others. Its effect. Liability for compensation. Assessment of the existence or absence thereof. Within the independent province of the trial court. Its condition. That its inference be reasonable and have an established basis in the documents. - The contradiction that renders a judgment defective. Its nature. Example of a reasonable inference rejecting a claim for compensation for abuse of the right of recourse to the courts.