Kuwait Court of Cassation principle number 2980

A sale contract whose subject matter is an undivided share in land for which no subdivision decision has been issued. Prior permission must be obtained from Kuwait Municipality. Contravention of this. Its effect. Absolute nullity of the contract. There is no basis for restricting nullity to a particular type of sale. Reason for this. Article (1) of Law 92 of 1976 concerning certain provisions relating to dispositions of real property. - Establishment that the sale contract concerned an undivided share in a larger area for which no subdivision decision had been issued by the Municipality. Its effect. Its nullity. The challenged judgment's contravention of this and its ruling confirming ownership on the ground that there is a difference between a claim for confirmation of ownership and the validity and enforceability of a sale contract, although the respondent bases his claim on a privately executed sale contract for that share for which no subdivision decision has been issued. An error in the application of the law necessitating its cassation.