Kuwait Court of Cassation principle number 4160

Possession is not considered a means of acquiring ownership under the Mejelle of Judicial Provisions. The reason for this. Its continuation for fifteen years, peacefully and openly, with the intention of ownership. Its treatment as a Sharia and legal presumption that the possessor is the owner. - Abandonment requiring non-hearing of the action. It is abandonment of the property while grounds for the action exist. Mere neglect and abandonment of the property, however long the period, do not prevent its hearing. - Proving possession by all legal means, including testimony and presumptions. - 813 - Ownership - Ascertaining possession of real property and assessing the presumptions and evidence establishing it as a presumption of ownership, and negating this. A matter for the court of merits.