KCC 424/2011
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
General Civil Procedure & Administration of Justice, General Real Property Law
Copyright
LexisNexis
Decision date
3 Jan 2011
Catchwords
Tenancy agreement – Revocation – Unable to be used as Restaurant – Not connected to power network – Valid Arguments – Role of lower court
This case was a request to revoke a tenancy agreement and claim compensation where it had not been possible for the tenant to use the property as he had intended as it had not been connected to the power network. A key issue was that the landlord had put forward arguments to the Court of Cassation which should not have been put before it. If a ruling was based on a number of points and one of them was enough to uphold the ruling then the appeal against other points was also not useful and could not be accepted.
Background
A tenant filed a case (Case Number: 4735/2010-Commercial) requesting a tenancy agreement dated 16/04/2009 be revoked claiming he had rented a property from a landlord to use as a restaurant but the property was not connected to the power network so he was unable to use it as a restaurant despite the fact that he had paid for the property to be turned into a restaurant. The tenant also asked the court to order the landlord to pay 7,500 Dinars for rent paid for two months, 1,750 Dinars in commission and 5,001 Dinars in compensation.