KUWAIT CITY, Oct 10: The Civil Court has canceled the contract to purchase two apartments worth KD340,000 and obligated the defendant to return the full amount to a citizen; in addition to KD5,001 as temporary civil compensation. Attorney Ali Al- Wawan filed the lawsuit as the citizen’s representative, indicating his client signed a contract to purchase two apartments worth KD340,000 that was paid in full. However, the defendant failed to fulfill his obligation to register the two apartments under the plaintiff’s name at the Real Estate Registration Department. The plaintiff was surprised to find out later that the two flats were seized and sold at a public auction.

The two parties submitted to the court a document portfolio, which included copies of the sale contract and a clearance certificate stating the defendant’s acknowledgment that the plaintiff paid the full price of the two apartments, as well as the decision of the Sales Department to sell the two properties in dispute at a public auction. Attorney Al-Wawan argued that the annulment of the contract binding on both parties due to the impossibility of its implementation does not negate the defendant’s responsibility to compensate his client if such impossibility results from the defendant’s negligence. He said the defendant must compensate his client for damages incurred as a result of not implementing the terms of the sale contract

By Jaber Al-Hamoud
Al-Seyassah/Arab Times Staff