KCC 1099/2004
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
General Landlord & Tenant, Regulatory Compliance, Civil Evidence, Rent & Service Charges
Copyright
LexisNexis
Decision date
21 Jan 2006
Catchwords
Land – Landlord – Tenant – Rent – Title – Expert - Evidence
This case involved a claim for outstanding rent to be paid on some land. It was wrongly argued that the case should be rejected because the claimant did not owe the land, the state did. This argument was invalid as an expert had concluded they did own the land.
Background
A claimant filed a case against a company and requested the court to order the company to pay him the remaining value of some rent. The claimant stated the company had rented land to him to use as a store.
The court ruled that the company should pay the claimant the remaining value of the rent.
The company appealed the ruling before the court of appeal. The court abandoned the appealed ruling and rejected the case.
Decision
The claimant appealed the ruling before the court of cassation and stated in its grounds of appeal that the ruling had erred in the application of law and stated that the claimant had hid that he did not own the land and the land was owned by the state so the claimant had no right to exploit it.