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Thursday , February 9 2023

Court rejects real estate cases

This post has been read 7199 times!

KUWAIT CITY, Nov 7: The Court of Cassation rejected a number of real estate cases due to the failure to register the ownership of these real estate in the real estate registry after filing the case, based on the condition of the law, which was issued in 2019, and required real estate registration, reports Al- Qabas daily. Due to a major loophole, which is the discovery that this law has not been activated so far by the Ministry of Justice, these rejected cases have become eligible for another review at the courts after submitting a petition. Lawyer Manal Al-Abdan explained that the law, which is binding and stipulated in the real estate registration, has not been in effect for three years.

Many final rulings had ended with the plaintiffs losing their case due to the failure to record the cases in the real estate registry. However, this law, on which the court rulings were based in rejecting the cases, has not been implemented until today. Therefore, the provisions of discrimination applied in rejecting the cases in application of the conditions of the law of the kind record has become contrary to the facts. Hence, this matter restores hope for reconsideration once again, and it allows for re-appeal of all judgments issued to reject the cases. It is possible for these cases to be filed again.

Lawyer Al-Abdan reported that there are large sums reaching millions for hundreds of lawsuits that the plaintiffs may lose due to the failure to activate the real estate registration law, and this leads to the issuance of many rulings that contradict each other. She said there are some provisions that did not apply the law of the registry because of their knowledge and awareness of the non-activation of the law of the real registry. Lawyer Al-Abdan stressed that this contradiction between the provisions in this regard results in the loss of many of the rights of the litigant, which necessitates a review of those provisions in order to preserve the course of justice.

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