Kuwait Court of Cassation principle number 404

Deposit by the person whose bid has been approved of the full price, expenses and registration fees while the sale hearing is in session. Its effect. The auction is awarded to that person, who is deemed the purchaser of the property. Failure to deposit the full price or at least one fifth thereof. The auction must be repeated at that person’s risk. Deposit of one fifth of the price. The judge must adjourn the sale to a subsequent hearing. The bidder’s deposit of the price at that hearing. Its effect. The auction is awarded to that bidder. The condition thereof: no person comes forward accepting purchase at an increase of one tenth accompanied by deposit of the full increased price. Occurrence thereof: - 80 - Civil Procedure The auction must be repeated at the same hearing on the basis of that price. Failure by the first bidder to deposit the full price at the following hearing, and no person coming forward with a one-tenth increase. The auction must be repeated at that bidder’s risk on the basis of the price at which it was awarded at the previous hearing. Deposit of a letter of guarantee or a cheque certified by a bank. It takes the place of the deposit. The judge may exempt the person required to make the deposit if that person is a creditor or that person’s ranking justifies exemption from depositing all or part of the price and expenses required by law.