Kuwait Court of Cassation principle number 2105

Registration of real estate ownership actions as actions asserting title. Its purpose. Preserving the plaintiff's rights if judgment is subsequently rendered in his favor and that judgment is annotated in the margin of the registration of the statement of claim, with the effect of that judgment relating back to the day the statement of claim was registered and being binding, from the date thereof, upon those who acquired rights in rem over the property from the same transferor, taking priority over every subsequent registration. Its implication. The provision in Article 11 bis/1 of Decree-Law 5/1959 concerning real estate registration is intended to protect a private interest of the plaintiff. Its effect. He is not obliged under it to register the statement of claim, this being a matter unrelated to public order. The challenged judgment's conclusion that the action was inadmissible because its statement of claim had not been registered. A violation of the law and an error in its application. The basis thereof.