Kuwait Court of Cassation principle number 931

The challenged judgment’s conclusion that the female custodian who was granted the right of residence in that capacity in the disputed property is entitled to partition off the portion meeting the need. Its not relying on the defense based on her waiver of that right because she had previously obtained a judgment for housing costs, since the amount awarded by that judgment can be terminated. Correct. The basis thereof: a right cannot be waived before it exists; thus, obtaining housing costs is not deemed an advance waiver of the right of residence subsequently established in one of the housing alternatives provided by the Housing Welfare Institution.