Kuwait Court of Cassation principle number 4626

Expropriation for public benefit. An in rem procedure directed at the property itself, regardless of its owner’s name. Its import. The property ceases to be capable of being dealt in upon the issuance and publication of the expropriation decision and notification of its issuance to the real estate registration authority. Its implication. The expropriated property is deemed part of the State’s public property upon completion of these procedures. Its effect. The rights of interested parties holding rights in rem over it are transferred to the amount of compensation payable for the expropriation. - Issuance of a decision expropriating the properties in dispute. Its necessary consequence. They cease to be capable of being dealt in and become owned by the State. Its implication. No exchange may be effected in respect of them, and specific performance in respect of them becomes impossible. The challenged judgment’s ruling in favour of the respondent company that the exchange be effected and that it be delivered the alternative plots in place of its properties. Error.