Kuwait Court of Cassation principle number 2769

An action for the validity and enforceability of a sale contract. Its nature. Establishment that ownership had not passed to the seller by the date of adjudication thereof. Its effect. Inadmissibility of the purchaser’s request for a judgment declaring his purchase contract valid and enforceable. Its implication. The seller’s request to establish his ownership of the property sold would affect the request for a judgment declaring the sale contract issued by him valid and enforceable, such that treating either independently of the other may lead to contradictory judgments. Its implication. A cassation appeal against the judgment establishing ownership issued during the proceedings. Is not permissible.