Compensation Claims for Failure to Enforce a Court Judgment in Kuwait: Requirements, Procedures and Sample Claim
By Lawyer Fahd Al-Saeed /November 09, 2026
Compensation Claims for Failure to Enforce a Court Judgment in Kuwait: Requirements, Procedures and Sample Claim
Compensation may be claimed for failure to enforce a court judgment in Kuwait where non-compliance or delay causes proven harm and the legal requirements for liability are met. An outstanding judgment does not automatically entitle its beneficiary to compensation. The cause of the obstruction, the person responsible and the resulting harm must be established.
The legal approach differs depending on whether non-compliance is attributable to the judgment debtor or a competent public official. A claim concerning the handover of property or performance of an act also differs from a claim arising from delayed payment of money.
What Is a Compensation Claim for Failure to Enforce a Judgment?
It is a court claim seeking redress for harm caused by non-compliance with a judgment or delay in its enforcement, subject to the applicable requirements.
Three procedures should be distinguished:
Procedure | Purpose |
|---|---|
Compulsory enforcement | Recovering or securing the right awarded by the judgment |
Compensation claim | Seeking redress for harm resulting from non-compliance or delay |
Criminal complaint | Seeking accountability where conduct satisfies the elements of a statutory offence |
A compensation claim does not replace enforcement proceedings, and a delay in enforcement does not, by itself, constitute a criminal offence.
Legal Basis for Compensation
Article 227 of the Kuwaiti Civil Code establishes liability for harm caused by a wrongful act. Article 293 addresses compensation where performance in kind becomes impossible or is delayed, subject to circumstances beyond the debtor’s control.
Articles 297–299 govern formal notice and exceptions to that requirement. Article 300 addresses compensation for actual loss and lost profit, subject to its conditions.
The applicable provisions depend on the source of the obligation and the nature of the wrongful conduct. The legal basis must therefore be determined after examining the case.
Requirements for Filing a Compensation Claim in Kuwait
1. Confirm That the Judgment Is Enforceable
Review the judgment, its enforceability, proof of service and any order staying enforcement.
A judgment does not have to be beyond every avenue of appeal in all enforcement situations; provisional enforcement may be available under the law.
2. Identify the Conduct Attributed to the Defendant
Specify the conduct that obstructed enforcement and when it occurred. Distinguish unlawful non-compliance from proceedings suspended by a judgment or court order.
Allegations of deliberate delay require supporting evidence.
3. Prove the Harm and Its Connection to the Delay
Explain the harm caused by non-compliance and provide supporting documents.
Separate any new harm from amounts or losses already determined in the original judgment.
4. Verify Formal Notice and the Correct Parties
Check whether formal notice was required and properly given, and whether the claimant and defendant are the correct parties.
A lawyer acts on behalf of the rights holder under a power of attorney; representation does not make the lawyer the owner of the claim.
Compensation for Delayed Payment of a Monetary Judgment
Monetary judgments require particular care. Under Article 306 of the Civil Code, compensation for delayed payment of a monetary obligation is linked to:
Formal notice to the debtor.
The debtor’s ability to pay.
Proof that the creditor suffered unusual harm because of the delay.
Assessment remains a matter for the court.
A daily amount or automatic percentage of the judgment debt should therefore not be assumed without a legal basis. Special rules must also be considered where the obligation is commercial.
A Public Official’s Refusal to Enforce a Judgment: The 2025 Amendment
Decree-Law No. 87 of 2025 replaced Article 58 bis of Law No. 31 of 1970, amending certain provisions of the Penal Code.
The amended penalties include:
Conduct | Penalty |
|---|---|
A competent public official intentionally refusing to implement an enforceable judgment after 90 days have elapsed following legally prescribed notice | Imprisonment for up to two years, a fine of KWD 3,000–20,000, or either penalty |
Using official authority to obstruct enforcement | Imprisonment for up to one year, a fine of KWD 2,000–10,000, or either penalty |
The court may also order removal from office.
The Public Prosecution has exclusive authority to investigate, dispose of and prosecute this offence. Under the provision, criminal proceedings terminate if the official implements the judgment.
The 90-day period concerns the particular criminal offence governed by this provision. It does not impose a general waiting period before enforcing all judgments or bringing every civil compensation claim.
Documents Needed to Prepare the Claim
Arrange the documents so that each relevant event is supported by evidence:
Document | Purpose |
|---|---|
Judgment, executory copy and evidence of its current status | Establishing the obligation and enforceability |
Proof of service and formal notices | Establishing notification and demands for compliance |
Enforcement file number and official records | Documenting the steps taken and obstacles encountered |
Correspondence and official responses | Explaining the delay and the responsible party’s position |
Contracts, invoices and payment records | Substantiating the losses claimed |
Expert reports or accounting records | Supporting the assessment of harm where necessary |
Civil ID or company documents and power of attorney | Establishing legal capacity and representation |
The documents required vary according to the judgment, the parties and the nature of the harm.
Steps for Filing a Compensation Claim
Review the judgment and enforcement file to identify what remains unperformed and why.
Prepare a timeline of notices, applications and enforcement attempts.
Identify the correct defendant. Where a public official is involved, examine the potential liability of the official and the administrative authority, and the capacity of its representative.
Itemise the harm, supporting evidence and amount sought for each item.
Determine the competent court according to the nature and value of the dispute and the parties’ capacities.
Prepare and file the statement of claim, arrange service and follow the hearings and any court-appointed expert proceedings.
If related criminal proceedings exist, examine their effect on the civil claim. A prior criminal conviction should not be assumed to be a requirement for every compensation action.
Sample Statement of Claim for Failure to Enforce a Judgment
To the Competent Court: […]
Claimant: […], address: […].
Represented by Lawyer: […], under Power of Attorney No. […].
Defendant: […], legal capacity: […], address: […].
Subject: Compensation for harm caused by failure to enforce Judgment No. […] or delay in its enforcement.
Facts
Judgment No. […] was issued in the claimant’s favour on […], ordering […]. The judgment satisfies the requirements for enforcement, as shown by the supporting documents.
The claimant initiated enforcement proceedings under File No. […]. The defendant was served and/or formally notified on […] as required by law.
The conduct attributed to the defendant consists of […], as evidenced by […]. This caused the specific harm of […] during the period from […] to […], supported by […].
Legal Grounds
Set out the applicable grounds according to the source of the obligation and the nature of the liability.
Explain the connection between the conduct and the harm, and distinguish the present claim from matters already adjudicated.
Relief Sought
The claimant requests that the court:
Order the defendant to pay KWD […] as compensation for the harm described in the statement of claim.
Appoint an expert, where necessary, to examine and assess the harm.
Order the defendant to pay court costs and legal fees as permitted by law.
Attachments: […]
Date: […]
Signature: […]
This is an illustrative template and must be adapted to the court’s jurisdiction, the facts and the supporting documents.
Lawyers and Contact Details
Lawyer | Ineqad’s central contact number |
|---|---|
Lawyer Fahad Al-Saeed | +965 6666 8811 |
Lawyer Riyad Al-Fadhli | +965 6666 8811 |
Lawyer Ahmed Al-Fadhli | +965 6666 8811 |
Ahmed Mohamed Naguib Abdelhadi | +965 6666 8811 |
Ahmed Salah Al-Serri | +965 6666 8811 |
This is the firm’s shared contact number for coordinating enquiries.
Frequently Asked Questions
Is a delay in enforcement enough to obtain compensation?
No. Harm must be established and the applicable requirements for liability must be met. The reasons for the delay must also be examined.
Is a criminal conviction required before seeking compensation?
It is not a general requirement for all claims. The appropriate approach depends on the facts and the effect of any related criminal proceedings.
Is the notice period for public officials still 30 days?
The provision amended in 2025 prescribes 90 days for the specific criminal offence of a competent public official intentionally refusing to implement a judgment after formal notice.
How much compensation can be awarded?
There is no fixed amount. The claim must reflect proven harm, and the court assesses compensation according to the law and the evidence.
Does subsequent compliance eliminate every claim?
It is necessary to examine whether the earlier delay caused compensable harm. This is a separate issue from the termination of criminal proceedings against a public official under the specific provision.
Contact Ineqad Law Firm for Advocacy and Legal Consultancy
If a judgment issued in your favour remains unenforced, prepare a copy of the judgment, the enforcement file number, service documents and evidence of harm.
These will help assess the available enforcement measures and whether there are grounds for a compensation claim.
Phone and WhatsApp: +965 6666 8811
Website: ineqad.com
Email: info@ineqad.com
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