Kuwait Court of Cassation principle number 3777

Judgments and decisions that may be provisionally enforced are enforced at the sole responsibility of the applicant for enforcement. The judgment creditor’s failure to wait and his proceeding to enforce the judgment with knowledge that it is liable to be overturned upon challenge. Its effect: he bears the risks if the judgment is overturned, enforcement becomes without legal basis, and the applicant for enforcement must restore the former state of affairs and compensate for any damage that may arise from enforcement. This is not altered by the fact that the judgment pursuant to which enforcement took place was issued by the summary jurisdiction. The reason therefor.