Kuwait Court of Cassation principle number 959

Judgments issued by the Court of Appeal concerning disputes relating to real estate leases and compensation arising therefrom, over which the Leases Circuit - 547 - Civil Procedure of the Court of First Instance has jurisdiction, may not be challenged by cassation. The criterion for determining whether a judgment was issued in a lease dispute or not is whether the dispute falls within the scope of application of Decree-Law No. 35 of 1978 or not. - The State's approval of the allottee's assignment of the industrial plot to a third party. Its consequence: creation of a direct relationship between the State and the new beneficiary without the assignor's intermediation. The implication thereof: termination of the first operator's contract and, implicitly, the sublease issued by him, such that the new licensee is not a successor to the previous licensee. The consequence thereof: exclusion of the aforementioned lease contract from the category of lease-related disputes within the jurisdiction of the Leases Circuit of the Court of First Instance, and inapplicability of the prohibition in Article 26 of the aforementioned Law. It may be challenged by cassation. The contested judgment's departure from this view and its ruling dismissing the plea that that Circuit lacks jurisdiction. Vitiates it and requires its cassation.