Kuwait Court of Cassation principle number 4467

The mere existence of a road on the disputed land does not in itself constitute evidence of the State's ownership of it. The reason for this. The use of privately owned land as a thoroughfare does not alone allocate it to public benefit. Continuation of its use as a thoroughfare for the period necessary to acquire ownership by long prescription. Its effect. The State acquires ownership of the land and allocates it to public benefit upon completion of that period. The State may assert against individuals that they do not own it. - Ascertaining possession and its manifestations and assessing the evidence in the case and the facts leading to possession satisfying its legal conditions as a presumption of ownership. A matter for the court of merits. The court may adopt the deposited expert report when satisfied with it. Thereafter, it is not faulted for failing to accede to a request to appoint another expert in the case.