Kuwait Court of Cassation principle number 4201

Usurpation is the absence of a basis for possession. Possession is not considered such unless devoid of a legal basis. Residence by way of tolerance confers no right, however long its duration. Assessment of the purpose of residence. A matter of fact. The condition for this. - Establishment that the property belongs to the appellant and is not a government house. His request to evict the respondent from it after divorcing her. Its implication. His lack of consent to her remaining therein. Her possession thereof is considered usurpatory for lack of a legal basis. This is not altered by her reliance on being a custodial mother, so long as she has not followed the course prescribed by law to claim custody accommodation. The challenged judgment's dismissal of the appellant's action on the ground that her residence was by way of consent and tolerance. An error requiring cassation of the judgment.