Kuwait Court of Cassation principle number 3873

Imposition of the sanction prescribed in Article 237 of the Civil Procedure Law, requiring the garnishee to pay the attaching creditor’s debt for committing one of the acts exhaustively specified therein. Discretionary for the court of the merits even where its conditions are met. Condition: 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 remedying the defect for which the action was brought, even before the close of pleadings before the court of second instance. Effect. Impermissibility of imposing this sanction. Consequence. This sanction is considered a coercive sanction. The criterion for imposing it. The garnishee’s persistence in that defect. Example. - An action for validation of attachment:-