Kuwait Court of Cassation principle number 3613

Custodian of a thing within the meaning intended by law. Its nature. The criterion is actual control over the thing. - The general rule is that custody belongs to the owner of the thing. Another person’s exercise of actual control over the thing for his own account, without or with the owner’s consent. Consequence: custody passes to him, and he acquires the status of custodian in the legally intended sense. The challenged judgment’s departure from this view and its ruling denying the first respondent the status of custodian and extinguishing the insurance company’s liability because the driver of the insured vehicle was not liable. An error in applying the law requiring its cassation.