Kuwait Court of Cassation principle number 514

The appellant’s institution of an action seeking a judgment obliging the two respondents jointly and severally to compensate him for the damage he sustained through deprivation of the returns from operating his taxi owing to the second respondent’s fault established by the final and conclusive criminal judgment, on the basis of the rules of liability for unlawful acts. The challenged judgment’s conclusion reversing the judgment under appeal and basing its ruling of inadmissibility of the action on its being, in reality, an action under the warranty of fitness of the thing sold, which must be brought within six months from the date the seller was notified of the defect. Its implication. The judgment changed the cause of action, requiring its cassation.