Kuwait Court of Cassation principle number 988

Exercise of a right is a permissible act. Damage arising from it is merely a sacrifice required by respect for the right in compliance with the law that establishes and protects it. The implication: it does not lead to accountability or entail liability unless intended maliciously or oppressively, or accompanied by negligence or fault. - 192 - Obligation - The Municipal Council is competent to draw up general structural plans and area plans, create and reorganize residential and other areas, and make necessary amendments to land uses to achieve the public interest. Article 2 of Law 15/1972 concerning Kuwait Municipality. The implication: it is not liable for damage resulting from its performance of those activities. The condition for this. - Kuwait Municipality's creation of a new location for the 2 plots resulted in damage to the respondent, as his plot lost the advantage of adjoining a public facility and the distance between it and the 2 plots was reduced; this was in accordance with what it considered to achieve the public interest and in accordance with established rules, without fault in implementation. Its effect: absence of fault giving rise to compensation. The judgment's contravention of this and its award of compensation without addressing the litigant's defence vitiates it and requires its cassation.