KCC 280/2008
This case involved whether a tenancy agreement should be dismissed and the defendant ordered to vacate the premises because the signatory was not a Kuwaiti citizen.
Background
An association filed a case against a defendant before the court. The association requested the court to dismiss a tenancy agreement and order the defendant to vacate the disputed property.
The court dismissed the case.
The association appealed the ruling before the court of appeal. The court upheld the appealed ruling.
The association appealed the ruling before the court of cassation. The association said in its grounds of appeal that the appealed ruling had erred in the application of law. The association said that the court concluded that the investment contract had been invalid because the defendant was not a Kuwaiti citizen. The association that the tenancy agreement should therefore be dismissed accordingly.
Decision
The court said that this argument was valid. The court said that the dismissal of the commercial contract signed by a non-Kuwait person entailed the return to the situation prior to the signing of the contract in accordance with Article 178 of Kuwait Decree-Law No. 67/1980.
The court repealed the ruling.
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