Kuwait Court of Cassation principle number 2128

Absolute simulation of a sale contract. Its effect. Its invalidity and the failure of ownership to pass to the purchaser, even if the contract is registered. The reason therefor. - The previous judgment evicting the first appellant from his home not having adjudicated the simulation and invalidity of the sale and agency contracts, and the second appellant not having been joined as a party to it. Its implication. It may not be invoked against the first appellant or against her. The first respondent’s registration of the sale contract does not alter this. The challenged judgment’s contravention of that. An error - 396 - Obligation that prevented it from scrutinizing the defence of simulation and invalidity of the two contracts, in addition to its deficient reasoning.