Kuwait Court of Cassation principle number 2317

Partition by liquidation. The criterion for applying it. Impossibility of dividing the jointly owned property in kind or diminution of its value. 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. - The expert’s conclusion assessing the partition of the two properties without a substantial decrease in their value. Consequence thereof: sale of the two properties by public auction and distribution of its price among the co-owners. The judgment’s contravention thereof and restriction of its ruling to the sale of the appellant’s undivided share therein. This vitiates it.