Kuwait Court of Cassation principle number 2683

Prohibiting the original investor from subletting the premises. A right established in the interest of the investment licensor. His waiver of the requirement of notice before subletting. Its effect. He may not rescind the lease on that account. The reason therefor: waiver of the prohibitory condition is final and may not be retracted or revoked. Consent or implied waiver of the prohibitory condition may be proved by all means of proof. The basis therefor. - Establishment that the Public Authority for Industry issued licenses to sub-investors of the original investor in their capacity as subtenants of the plots in dispute. Its implication. The Authority had previously consented to subletting by the original tenant. The challenged judgment’s failure to appreciate the significance of those licenses and the lessor’s lack of entitlement to retract the waiver of the prohibitory condition, which prevented it from ascertaining the elements of tort liability for the alleged fault. Renders it defective and requires its cassation.