Kuwait Court of Cassation principle number 2768

Registration of the statement of claim in an action for validity of a contract and annotation of the judgment issued therein in the margin of the registration. Its effect. Preservation of the purchaser’s right against anyone who acquired from the same transferor a right in rem over the property, and detailing it over every registration subsequent thereto. The rationale therefor. The effect of the judgment relates back to the day of registration of the statement of claim. - The judgment’s conclusion dismissing the action for validity of a contract brought by the appellant, on the basis that ownership of the sold property 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 validity of a contract concerning the same property and had registered its statement of claim. The judgment’s failure to ascertain the nature of the previous action, its registration, and the date thereof to determine its legal effect on the present action. Inadequacy of reasoning requiring its cassation.