Kuwait Court of Cassation principle number 2495

An action for the validity and enforceability of a sale contract. It is ultimately an action to establish title, intended to secure specific performance of the seller’s obligations that transfer ownership of the thing sold to the purchaser, and to obtain a judgment whose registration substitutes for registration of the contract in transferring ownership. - A request for specific performance and performance by way of compensation. Two alternatives sharing the performance of the debtor’s obligation and equivalent in value. Its implication. A request for specific performance implicitly includes a request for performance by way of compensation if the former is impossible, because they are identical in subject matter and each is encompassed in the other. Its effect. The purchaser’s insistence on a request for compensation if specific performance is impossible, even for the first time before the Court of Appeal, is not a new claim. Contravention thereof: vitiates the judgment and requires its partial cassation. - An action to prevent interference:-