KCC 1364/2017
Type
Case
Court
Kuwait Court of Cassation
Jurisdiction
Kuwait
Taxonomy
Co-ownership, Mortgages, Auction
Decision date
26 Nov 2018
Catchwords
Co-owned Property - Division - Auction - Mortgage
This case involved a request by a property co-owner to divide the property and sell it at auction. A key issue was whether the fact this property was mortgaged prevented it from being auctioned.
Background
A claimant filed a case against two defendants before the court. She requested the court to appoint an expert in order to divide a disputed property. She requested the court to sell the disputed property in an auction and to order the defendants to pay her the costs of maintenance if the property could not be divided.
The court ruled that the disputed property should be sold in an auction.
The first defendant appealed the ruling before the court of appeal. The court dismissed the appealed ruling and the case altogether.