Kuwait Court of Cassation principle number 2404

A judgment ordering the tenant to surrender the leased premises. Delivery of the key to the Enforcement Department does not constitute execution thereof. The premises must be cleared of whatever occupies them and placed in the possession of the landlord in whose favour judgment was rendered, without impediment, in a manner achieving the purpose of the judgment. - A ruling ordering the tenant to pay consideration for his use of the premises after expiry of the lease. Compensation to the landlord for the tenant's occupation of the premises without legal basis. It cannot serve as compensation for his failure to execute the judgment against him requiring removal, at his expense, of the items occupying the premises. Basis: the difference in fault, the nature of the damage and the date of its occurrence in the two cases. - Unsound inference. A defect affecting the court's logic in understanding the facts presented to it in the action, impairing the soundness of its deductions and leading it to a conclusion inconsistent with the premises presented to it. Example concerning the court's inference from delivery of the key to the leased premises to the Enforcement Department and the award of consideration for use that it constitutes compensation for removing the items occupying them.