KCC 1987/2020

This case involved the validity of tenancy agreement, where the tenancy was to be used by a non-national to open a pharmacy. It was illegal for a non-national to open a pharmacy without a Kuwaiti partner.

Background

A landlord filed a case against a tenant before the court. He requested the court to dismiss a tenancy agreement signed between the two parties. He also requested the court to order the tenant to pay 11494 Dinars. He said that the tenant had rented a property from him in order to a pharmacy for a monthly rent of 1489 Dinars. He said that the tenancy agreement was invalid at first place because the tenant was a foreigner, and he did not have the right to open and operate a pharmacy in Kuwait.

The court dismissed the case.

The landlord appealed the ruling before the court of appeal. The court dismissed the appeal and upheld the appealed ruling.

The landlord appealed the ruling before the court of cassation.

The Public Prosecutor argued that the appealed ruling was invalid because the board that issued it was different from the one that had considered it.