Background

A landlord filed a case against two tenants requesting that the court order the tenants to vacate disputed real estate. The landlord stated that the first tenant had let the real estate to the second tenant without his approval.

The court ruled that the tenants vacate the property.

The first tenant appealed and the appeal court upheld the ruling.

The first tenant appealed by cassation.

Decision

The court of cassation stated that Articles 1, 24 and 26 of Kuwait Law No. 35/1978 stipulated that the department of renting in the plenary court has the mandate to consider disputes relating to rented places, with the exception of agricultural lands.

The court held that if the mentioned department issues a ruling under its mandate, an appeal cannot be made against this ruling.

Therefore, the court held that the first tenant had no right to appeal the ruling.