Kuwait Court of Cassation principle number 3643

Imposition of the sanction prescribed in Article 237 of the Code of Procedure, requiring the garnishee to pay the attaching creditor’s debt for committing one of the acts exhaustively specified therein. Discretionary for the court of merits even if its conditions are satisfied. Condition therefor: its inference must be reasonable in assessing the seriousness of the garnishee’s conduct and the extent of his bad faith and obstinacy. The garnishee’s rectification of the defect on account of which the action was brought, even before the close of pleadings before the court of second instance. Its effect. The sanction may not be imposed. Its implication. This sanction is regarded as a coercive sanction. The basis for its imposition. The garnishee’s persistence in that defect. Example. 35- Its authority to assess the conditions necessary for issuing and levying an attachment order:-