KCC 983/2004
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Rent & Service Charges, Appeals, Civil Courts, General Landlord & Tenant
Copyright
LexisNexis
Decision date
18 Jun 2005
Catchwords
Rent – Appeal – Landlord – Tenant - Court
This case involved a request for a rent increase. A key point was that a ruling by the Court of Appeal rental department could not be appealed at the Court of Cassation.
Background
Some landlords filed a case against a tenant and requested the court increase the rent of the rented property to 1000 Dinars per month.
The court ruled the monthly rent of property should be increased to 1000 Dinars starting from the date of filing the case.
The tenant appealed the ruling before the court of appeal. The court upheld the appealed ruling.
The tenant appealed the ruling before the court of cassation.
Decision
The Public Prosecution argued the tenant had no right to appeal the ruling.
The court of cassation stated this argument was valid because the appealed ruling had been issued by the rental department of the court of appeal and so an appeal against the ruling before the court of cassation was illegal.