Kuwait Court of Cassation principle number 197

The interested party’s request to substitute compensation in kind for the monetary compensation due for the expropriation of real estate pursuant to Article 3 of Decree-Law No. 131 of 1986 concerning the expropriation of real estate in respect of which acquisition instruments or Municipal Council decisions for acquisition and exchange have been issued. The provision contains only a specified deadline for submitting the request and completing the exchange pursuant to Article 20/15 of Law No. 15 of 1972 concerning Kuwait Municipality, without granting the administrative authority discretion to accept or refuse the exchange. Its effect. Those decisions and their procedures intended to verify fulfilment of the conditions lose the character of administrative decisions. Its implication. A claim for compensation for delay in delivering the compensation in kind prescribed for expropriation. A civil dispute falling within the jurisdiction of the civil circuit.