KCC 1092/2010

The original dispute involved a request that a company leave a property which had been rented to it but it had subsequently sub-let to another company. The key issue was whether the Commercial Department or the Rents Department had appropriate jurisdiction to consider a case of this type.

Background

The International Tanks Company filed a case (Case Number: 829/2008) against the Kuwait Company for Trading and another company (Alaahd Aljadeed for Contracting) requesting the company leave a property which had been rented by the Tanks Company to the Kuwait Company but the latter had sub-leased to another company (Alaad Aljadeed) which violated the provisions of Paragraph 11 of the tenancy agreement and Article 2/2 of the Rents Law (Kuwait Law No. 25/1978) therefore the Tanks Company filed the case.

The Rents Department ruled it did not have the jurisdiction to consider this case and referred it to the Commercial Department (Case Number 6198/2008-Commercial). The court appointed an expert who submitted a report. The company amended its request by requesting the Kuwait Company pay an amount estimated by the expert.

On 21/02/2010 the court ruled that the case is dismissed.