Kuwait Court of Cassation principle number 1180

The defect of misuse of power relates to the substance of the administrative decision, not its outward form. Its meaning encompasses the administration's violation of the spirit of the legislation and the purpose sought by the legislator through its provisions. Reason for this. - An administrative decision must pursue not only the public interest but also the specific objective designated by law. Example of an administrative decision departing from that purpose. - The rule of specified objectives, which confines an administrative decision to the purpose prescribed for it: departing from it to harm individuals constitutes an abuse of power. - Prohibition on connecting electricity to a building in which a breach of the licence conditions occurs. Its purpose is the public interest and the interests of individuals. Establishment that neither of these interests is harmed. The Municipality's refusal to grant a certificate that the building meets the conditions required for connecting electricity. There is no basis for it. The defence relating thereto. A manifestly unsound defence; failure to respond to it does not vitiate the judgment.