Kuwait Court of Cassation principle number 2375

An action on the warranty against defects. Its limitation period. One year from the date of delivery of the thing sold. The buyer's knowledge of the defect after its expiry. Has no effect, unless otherwise agreed or the seller deliberately conceals the defect fraudulently. - The first-instance judgment, upheld by the challenged judgment, ruling that the action was barred by the one-year limitation period because it was established that the appellant inspected the property sold in a manner eliminating uncertainty and accepted its purchase in its existing condition, then brought his action more than two years after taking delivery of the property, and it was not established that the respondent deliberately concealed the defects fraudulently. A reasonable inference having its proper basis in the documents and falling within the trial court's authority to assess whether the conditions for the lapse of the right to the warranty are met.