Court of Appeal headed by Justice Anwar Mohammed Sultan judgment
Court of Appeal headed by Justice Anwar Mohammed Sultan judgment
No. 512/2009 resumption of commercial / 8 to vacate the tenants of the property yield his ownership of a Kuwaiti company real estate because of the impossibility of performance of the contract under Judgment No. 1628/2008 commercial holistic / 10 after the attorney / Ali Abdullah Thursday to prove the damages that could be located on the student in the event of continued implementation of the contract between the tenant and the owner of the property , in accordance with Articles 215-575 of the Civil Code and Articles 299 300 of the Code of Procedure , and it is impossible to implement the commitment between our clients and tenants.
As the Court of First Instance ruled Banevsakh investment contract and the evacuation of the Senate and delivered to the student , in accordance with Articles 215-575 of the Civil Code on the basis of applications submitted by the closing attorney / Ali Abdullah Thursday.
The judgment of the Court of Appeal referred to in advance in favor of the rule of the first degree with respect to vacate the tenants where it is due if there is damage and fatigue to the owner in the event of the continuation of the contractual relationship between the tenants and the landlord and the impossibility of performance of the contract , it is the right of the owner to go to court to rectify the damage suffered by reason of foreigner and his judgment Banevsakh contract and vacate the tenants of the property.
This ruling is a precedent and establish a new principle in this matter