Kuwait Court of Cassation principle number 2777

What the Civil Code provides concerning joining the seller in an action asserting superior title to the thing sold, failing which the purchaser's right to the warranty against eviction is forfeited, and its absence of a provision restricting the purchaser's right, in cases of total or partial eviction, to recovery of the price, eviction only, if the seller succeeds in proving that he was unaware, at the time of sale, of the cause of eviction. The former Commercial Code's absence of similar provisions. This does not prejudice the purchaser's right to compensation encompassing the loss sustained and the profit lost, even if he did not join the seller.