Kuwait Court of Cassation principle number 4458

The impermissibility of appeals by cassation against judgments issued by the Court of Appeal concerning disputes relating to the lease of real estate and compensation arising therefrom that fall within the jurisdiction of the Rental Circuit of the Court of First Instance. The criterion for determining whether or not a judgment is issued in a rental dispute is whether or not the dispute falls within the scope of application of Decree-Law 35 of 1978. - The State’s approval of the assignment by the allottee of the industrial plot to a third party. Its effect: creation of a direct relationship between the State and the new beneficiary without the intermediary of the assignor. Its consequence: termination of the first operator’s contract and, implicitly, the sublease granted by him, such that the new licensee is not a successor to the previous licensee. The effect thereof: exclusion of the aforementioned lease from rental disputes within the jurisdiction of the Rental Circuit of the Court of First Instance, and inapplicability of the prohibition contained in Article 26 of the aforementioned Law. It may be challenged by cassation. The challenged judgment’s departure from this view and its ruling rejecting the plea that that circuit lacks jurisdiction. Vitiates it and necessitates its quashing.