Kuwait Court of Cassation principle number 4432

Lands situated within the planning boundary south of the Fifth Ring Road or in the village of Jahra or on Failaka Island are considered private property of the State and individuals alike. Individuals may adduce evidence of their ownership without being bound by the provisions of Law 5 of 1975. - The absence of the property's building from aerial photographs on a particular date does not necessarily indicate that there was no possession thereof. - The conditions necessary for a contract to be considered administrative. One of its parties must be a public legal person, contracting in its capacity as a public authority; the contract must relate to the activity of a public service with the intention of operating or organizing it; and it must possess the distinctive character of administrative contracts in the exceptional terms it contains. - 871 - Ownership - Lease contracts concluded by administrative bodies with third parties in respect of the State's private property are not administrative contracts. The reason for this. Their connection with private assets not allocated for public benefit. Their inclusion of terms unusual in an ordinary lease does not confer administrative status upon them. Their inclusion of these terms. Its effect. Merely removing them from the jurisdiction of the Leases Circuit. The reason for this, an example.