Kuwait Court of Cassation principle number 2179

Registration of the statement of claim in an action for validation of a contract and annotation of the judgment rendered therein in the margin of the registration. Its effect. Preservation of the purchaser’s right against anyone acquiring from the same transferor a right in rem over the immovable property and its detailing over every subsequent registration. The reason for this. The effect of the judgment relates back to the date of registration of the statement of claim. - The judgment’s conclusion dismissing the action for validation of a contract brought by the appellant on the ground that ownership of the immovable property sold had passed to the mother of the first respondent and that the appellant had not registered his statement of claim, despite proof that the appellant had previously brought an action for validation of a contract concerning the same property and registered its statement of claim. The judgment’s failure to ascertain the nature of the earlier action, its registration and the date thereof in order to determine its legal effect on the current action. Inadequacy of reasoning requiring its cassation.