KCC 313/2001
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Gifts & Legacies, Personal Representatives & Administration of Estates, Trusts & Trustees
Decision date
28 Jan 2002
Catchwords
Deceased Property - Trustee - Waqif - Heirs Dead
This case involved the trustee over a deceased's property who had put the property into a waqif after the death of the heirs. A key point was whether this was allowed when there were some heirs who were still alive.
Background
A claimant filed a case against defendants before the court. He requested the court to order the defendants to vacate a property and pay rent for the property. He said that he became the trustee of the property after the death of the heirs of the person who put the property within some Islamic Waqifs.
The court dismissed the case.
The claimant appealed the ruling before the court of appeal. The court dismissed the appealed ruling and ruled that the first and second defendant should vacate the property.