Kuwait Court of Cassation principle number 3277

Prohibiting the original investor from subletting the premises. A right established for the benefit of the investment licensor. His waiver of the requirement of notification before subletting. Its effect. He may not rescind the lease on that ground. The reason: waiver of the prohibitory condition is final and may not be withdrawn or revoked. Consent or implied waiver of the prohibitory condition may be established by all means of proof. The basis thereof. - It being established that the Public Authority for Industry issued licences to sub-investors of the original investor in their capacity as subtenants of the plots in dispute. Its implication. The Authority’s prior consent to subletting by the original tenant. The challenged judgment’s failure to appreciate the significance of those licences 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. This vitiates it and requires its cassation.