Kuwait Court of Cassation principle number 2299

An action under the warranty against defects. Its forfeiture period. One year from delivery of the thing sold. The purchaser’s discovery of the defect after its expiry. It has no effect. Unless otherwise agreed or the seller deliberately concealed the defect fraudulently. - The first-instance judgment, upheld by the contested judgment, ruling that the action was barred by the one-year limitation period, because it was established that the appellant inspected the property sold in a manner precluding ignorance and accepted its purchase in its existing condition, then brought his action more than two years after taking delivery of the property, and because the respondent’s deliberate fraudulent concealment of the defects was not established. A reasonable inference having its proper basis in the papers and falling within the authority of the court of merits to assess whether the conditions for forfeiture of the warranty right are satisfied. - 428 - Procedure