The Court of Appeals orders a contractor and his partner to repay 36,900 dinars to a citizen and compensate him 5,000
The Commercial Division of the Court of First Instance ordered a contractor and his partner to jointly repay 36,979 Kuwaiti dinars to a Kuwaiti citizen, after it was established that they had breached their obligations arising from the construction contract for his residential plot. The court also ordered the contractor to pay 5,000 dinars in moral damages for the psychological harm suffered by the plaintiff.
The case stems from a lawsuit filed by the citizen regarding a construction contract signed in 2018, in which he sought the settlement of accounts and determination of amounts due as a result of the contractor’s breach of contractual obligations.
The report submitted by the court-appointed expert concluded that the defendants were indebted to the plaintiff for the aforementioned amount, and that both defendants were liable for the breach of contract.
Accordingly, the court upheld the findings of the expert report and ordered the defendants to pay the outstanding amount. It also ruled that the contractor’s appropriation of the subsidized construction materials belonging to the plaintiff during the execution of the project caused psychological harm warranting compensation, and therefore awarded the plaintiff 5,000 dinars in final moral damages.