In response to the recent issuance of Decree 95/2024, Kuwait’s Court of Appeals has announced the closure of seven sections that previously handled real estate rental appeals. This decree represents a significant shift in the judiciary’s approach to rental disputes, transferring much of the responsibility for these cases to the General Court sections, which will now handle rental appeals in an appellate capacity.
Background and Legal Basis
The decree builds on the provisions of Decree-Law No. 15/2024, which amended certain aspects of Decree-Law No. 35/1978 concerning real estate rent. The amendments were published in the official gazette, Kuwait Al-Youm. According to the decree, all pending rental appeal cases in the Court of Appeals, except those already scheduled for rulings, are to be transferred to the Court of First Instance.
Counselor Mohamed El-Rifai, head of the Court of Appeals, explained that this decision aligns with the authorization granted by the General Assembly of the court on June 10, 2024. The decree stipulates that rulings on rental appeals already in progress must be finalized within one month from the date of the decree’s issuance, provided they have been scheduled for rulings.
Sections Affected
The seven sections affected by this decision include:
- First Capital Rent Section
- Second Capital Rent Section
- First Hawally Rent Section
- Second Hawally Rent Section
- Farwaniya Rent Section
- Ahmadi Rent Section
- Jahra Rent Section
These closures aim to streamline the judicial process for rental disputes and reassign their jurisdiction to the Court of First Instance. The Book Administration, in collaboration with the Technical Office, will oversee the transition, ensuring that all rental appeals in progress are properly referred to the Court of First Instance.
Handling of Pending Appeals
For appeals scheduled for rulings in the now-closed sections, the rulings will be issued as per the sections’ previous capacity. These must be completed within a month, in accordance with Article Two of Decree-Law 95/2024. If any appeals are returned for further pleading, or if material errors need correction in rulings, these cases will be directed to the Technical Office for review and further action.
The comprehensive closure and redistribution of rental appeal cases mark a notable change in Kuwait’s legal landscape for real estate disputes, reflecting the government’s commitment to efficient judicial processes.
This decision signals a pivotal moment in the handling of real estate rental cases in Kuwait, with the aim of streamlining case resolutions and ensuring that pending appeals are dealt with swiftly. The court’s coordination with the Technical Office and the Book Administration will be crucial in implementing the new legal framework under Decree 95/2024.
