Kuwait Court of Cassation principle number 2058

Simulation. Its nature. - Absolute simulation of a sale contract. Its effect. Its nullity and the failure of ownership to pass to the purchaser, even if the contract is registered. The reason therefor. - 383 - Obligation - The earlier judgment evicting the first appellant from his home did not determine the simulation and nullity of the sale and agency contracts, and the second appellant was not joined as a party thereto. Its implication. It may not be invoked against the first appellant or against her. Registration of the sale contract by the first respondent does not alter this. The challenged judgment's departure therefrom. An error that prevented it from scrutinizing the plea of simulation and nullity of the 2 contracts, in addition to its deficient reasoning.