Kuwait Court of Cassation principle number 4306

Partition by liquidation. The prerequisite for its application. Impossibility of partitioning the jointly owned property in kind or diminution of its value. The effect thereof. The court may order the sale of the property by public auction and division of its price among the co-owners, each according to his share. - Ascertaining the logical legal rules concerning the facts and adhering to them. A duty of the trial court. - The expert’s conclusion assessing partition of the two properties without a substantial reduction in their value. The consequence thereof: sale of the two properties by public auction and distribution of the price among the co-owners. The judgment’s departure therefrom and limitation of its ruling to the sale of the appellant’s undivided share therein. Renders it defective.