Kuwait Court of Cassation principle number 3215

Leasing co-owned property. A right of the majority of co-owners. A lease of the whole property or a segregated part thereof granted by one co-owner who does not hold a majority of the shares. Valid and effective between that co-owner and the tenant, but not against the remaining co-owners unless ratified by the majority expressly or tacitly. This is established by their failure to object to what their co-owner has done. That co-owner is considered their representative in this case. - A private contract. Binding evidence against its parties as to the particulars recorded therein. The condition therefor: that it bear a signature that is not denied. The reason therefor. - Establishment that the lease was concluded between the appellant as tenant and the respondent as landlord. Inclusion in the contract of authorization for the latter to take litigation proceedings concerning disputes arising from it. The challenged judgment’s conclusion rejecting the plea of inadmissibility of the action for having been brought by a person lacking full standing. Correct. Characterization of the contract: