Kuwait Court of Cassation principle number 2669

Reimbursement of actual lawyers' fees. Compensation for the material damage suffered by the successful party as a result of the expenses incurred in judicially claiming his right from his opponent. Its assessment is a matter for the trial court. Its condition: that it be reasonable and acceptable. Exceeding this limit through excess in the exercise of authority and extreme parsimony. Takes it from the sphere of lawfulness into the sphere of unlawfulness, tainting it with contravention of the law. The basis thereof: the criterion for the lawfulness of the exercise of authority is that it be free from excess. - The challenged judgment's assessment of reimbursement of the successful parties' actual lawyers' fees at an amount disproportionate to what they incurred as a result of bringing their action and the actual fees of which they submitted proof. Vitiates the judgment and requires its cassation. Challenging the judgment issued in the action