Kuwait Court of Cassation principle number 48

The exercise of a right is a permissible act. The damage arising from it is merely a sacrifice required by respect for the right in deference to the rule of law that establishes and protects the right. The import of this: it does not entail accountability or give rise to liability unless intended to cause spite or hardship, or accompanied by negligence or fault. - The Municipal Council has jurisdiction to draw up general master plans and district plans, establish residential and other areas and reorganize them, and make such changes to land uses as are necessary to achieve the public interest. Article 2 of Law 15/1972 concerning Kuwait Municipality(*). The import of this: it is not liable for damage resulting from its undertaking those acts. The condition for this. - Kuwait Municipality's creation of a new location for the two plots resulted in damage to the respondent, as his plot lost the advantage of adjacency to a public facility and the distance between it and the two plots was reduced; this was in accordance with what it considered conducive to the public interest and in accordance with the rules followed, without fault in implementation. Its effect: absence of fault warranting compensation. The judgment's departure from this and its award of compensation without addressing the opposing party's defense vitiate it and require its cassation.