Kuwait Court of Cassation principle number 4399

Usurpation is the absence of a basis for possession. Possession is not deemed such unless it is devoid of a legal basis. Residence by mere tolerance confers no right, however long its duration. Assessment of the intent behind residence. A matter for the court of the merits. The condition thereof. - It being established that the property is owned by the appellant and is not government housing. His request to evict the respondent from it after divorcing her. Its implication. His lack of consent to her remaining there. Her possession of it is deemed usurping possession owing to the absence of its legal basis. This is not altered by her assertion that she is a custodial mother, so long as she has not followed the course prescribed by law to claim custody housing. The challenged judgment's dismissal of the appellant's action on the basis that her residence was by consent and tolerance. An error requiring cassation of the judgment. - See also: Compensation, Possession, Right "Types of rights - Right of usufruct". Right of use and right of habitation: - See: Right. Right of easement: