Kuwait Court of Cassation principle number 4314

The defence of non-performance. Its basis. Connection and reciprocity in contracts binding on both parties. The arising of each party’s obligation under an independent contract precludes resort to it in another contract. The same applies to the right of retention. An example concerning the Ministry of Communications’ disconnection of telephone service to a subscriber who has fulfilled his obligations because another subscriber, guaranteed by the first, has failed to fulfil obligations towards it.