Kuwait Court of Cassation principle number 2719

Absolute simulation of a sale contract. Its effect. Its nullity and the non-transfer of ownership to the buyer even if the contract is registered. The reason for this. - The previous judgment evicting the first appellant from his home did not address and determine the simulation and nullity of the sale and agency contracts, and the second appellant was not joined as a party therein. Its implication. It may not be invoked against the first appellant or - 501 - Obligation against her. The first respondent’s registration of the sale contract does not alter this. The challenged judgment’s contravention of this. An error that prevented it from scrutinising the defence of simulation and nullity of the two contracts, in addition to its deficient reasoning.