Kuwait Court of Cassation principle number 73

Completion by the agent—or representative—of performance of the agency or representation. Its effect. He must render a detailed account to the principal, supported by documents. This obligation is extinguished only if the principal exempts him from it clearly and unequivocally, or the nature of the transaction or the circumstances require such exemption. The burden of proving those circumstances. It falls upon the agent or representative. - The judgment's ruling allowing the plea that the action should not be heard because more than ten years elapsed between the date of sale of the shares and the bringing of the action, based on denying the company's agency for the appellant in selling the shares, notwithstanding that such representation was established, which necessarily entailed that the limitation period did not run pursuant to Article 446/1 of the Civil Code, and that it continued because submission of a statement of account supported by documents was not established, the burden of proving which lay upon it, and its possession of his funds continued to be precarious possession for his account. An error in the application of the law requiring cassation of the judgment.