Kuwait Court of Cassation principle number 2805

An action under the warranty against defects. Its limitation period. 1 year from the date of delivery of the thing sold. The purchaser's discovery of the defect after its expiry. Has no effect, unless otherwise agreed or the seller deliberately concealed the defect fraudulently. - The first-instance judgment, upheld by the challenged judgment, ruling that the action was barred by the 1-year limitation period because it was established that the appellant inspected the real property sold in a manner eliminating uncertainty and accepted purchasing it in its existing condition, then brought his action more than 2 years after receiving the property, and because no deliberate fraudulent concealment of defects by the respondent was established. A reasonable inference with proper support in the documents, falling within the trial court's authority to assess whether the conditions for the lapse of the warranty right are satisfied.