Sunday , December 17 2017

Tenant wins case – 3-mth grace period, KD 3,000

KUWAIT CITY, Oct 15: The Court of First Instance presided over by Judge Fahd Al- Ajmi ordered the owner of a building to pay KD 3,000 to the tenant of an apartment in his property, and grant him a three-month grace period to evacuate the apartment. The court also ordered the owner not to take rent from the tenant during the grace period. In details, the plaintiff, the real-estate owner, filed a case against the tenant to force him to leave the apartment which was rented for KD 1,000 per month on a one-year contract renewable. He explained that he bought the real estate from the previous owner and had no alternative besides filing a petition to demand the tenant to leave the apartment, as he wanted to live there with his family. However, the defense counsel of the tenant Attorney Sultan Al-Ajmi said the law stipulates granting tenants and leaseholders a grace period of six months rent-free for evacuating the properties rented by them, if the court obligates them to do so. If the grace period is less than six months, the tenants and leaseholders must be compensated for the remaining period. Since the court ordered to grant the tenant a three-month grace period to evacuate the apartment, it obligated the plaintiff to pay the defendant KD 3,000, which is equivalent to the rent value of the remaining three months of the grace period.

All suspects freed: The Criminal Court released all suspects – a Kuwaiti lady, an attorney and other employees accused of bribery and aiding people wanted by law to infiltrate security. They were bailed on KD 1,000 per person. Attorney Hawraa Al-Habib, defense lawyer of the second suspect stated that her client played no role in the case and his name came up unfairly. She argued it’s illogical to defame her client on the pretext that he had relations with one of the suspects three years ago.

Hospital in huge fine: The Appeals Court presided over by Judge Abdulsalam Al-Ba’ejan ordered a private hospital to pay KD 105,000 in compensation to a citizen based on medical error committed during the delivery of his child. On behalf of the plaintiff, Attorney Abdulmohsen Al-Musa filed a petition accusing the hospital of damaging the baby’s brain by mistake with a tool used in the operation, because the wife had a difficult delivery. He stressed that the tool had nearly suffocated the baby. He requested the court to oblige the hospital to compensate his client for the material and emotional damage the family suffered due to its negligence.

Bedoun released: The Court of First Instance nullified detention order issued against a Bedoun man who was wanted by law for a fraud of over KD 80,000. The court ordered the petitioner to pay the amount to the creditor company. During the court session, counsel to the petitioner Attorney Hanadi Shokrllah described the danger involved in the detention order due to the relevant conditions, stressing that her client wanted to pay off the debt but was incapable of doing so.

Ruling nullified: The Appeals Court cancelled the verdict of Criminal Court that sentenced a citizen to three years in prison with hard labor for possessing and consuming drugs. The court cleared the defendant of all charges after he signed an undertaking of good conduct for one year. Earlier, the Public Prosecution charged the defendant for possessing drugs for consumption purpose based on the statement of prosecuting officer from Hawalli Security Directorate, and investigations proved that the defendant had a permit to use the drug. The Criminal Court had sentenced the defendant in absentia to three years imprisonment with immediate execution plus a fine of KD 100, and defense lawyer Fraih Al- Koh presented facts to prove that his client had a permit to use the drug.

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