Kuwait Court of Cassation principle number 3415

The court’s conclusion, pursuant to its authority to ascertain and understand the facts of the action, assess and weigh the evidence submitted to it, and interpret contracts and all other instruments in the manner it considers most faithful to their parties’ intention, that the contract submitted in the action is a time charterparty under which the lessor undertakes to place the vessels specified in the contract at the lessee’s disposal for the agreed period in a condition fit for navigation and the agreed service, and to maintain that fitness throughout the contract term. The lessor’s retention under this charterparty of navigational management of the vessel pursuant to Article 171 of the Maritime Commerce Law. The lessee is not obliged to pay hire for the period during which operation of the vessel ceases if this is attributable to the lessor’s act, since the lessor is obliged to enable the lessee to obtain the full intended enjoyment of the leased property. - Establishment that the lessee did not enjoy the vessels leased to it for a reason attributable to the act of the respondent lessor. Its effect. The lessee is not obliged to pay hire for them. - The master, as the lessor’s representative, may unload the goods at the lessee’s expense and responsibility. The judgment’s contravention of the foregoing view - 672 - Lease and its ruling requiring the appellant to pay the hire to the respondent. Departs from what is correct and warrants reversal and dismissal of the original action. Car rental: