Kuwait Court of Cassation principle number 4621

Enactment of Law 5 of 2005 concerning Kuwait Municipality and its separation of the chairmanship of the Municipal Council from the headship of the Municipality’s executive body. Its necessary consequence. Certain articles of Law 33 of 1964 concerning expropriation and temporary appropriation for public benefit must be amended. The reason therefor. To harmonize it with the new Municipality Law and with reality, given the connection of the Property for Public Benefit Department with the Ministry of Finance in exercising its functions, since the latter is the authority that preserves, manages, exploits and disposes of real estate devolving upon the State. Accordingly, the Expropriation Department was attached to the Ministry of Finance, within which the Valuation Committee is constituted, and it became the competent authority in this regard. - Standing in an action. When it exists in the defendant. Its condition. The right sought in the action exists against him. The reason therefor. He is regarded as the person concerned with it and responsible for it if the claimant’s entitlement to it is established. Investigating the parties’ standing and determining its existence or absence in the action. Questions of fact. The trial court determines them independently, without review, where its inference is reasonable. An example concerning a reasonable inference rejecting a plea of inadmissibility of the action for having been brought against a person lacking standing, on the basis that the Ministry of Finance, after the Expropriation Department was attached to it, became competent in respect of valuation compensation pursuant to Law 2 of 2006.