Kuwait Court of Cassation principle number 280

Nullity of a contract. Its effect: its non-existence from the time of its conclusion and the elimination of every effect of its performance. Its consequence: restoring everything to its original state and each contracting party recovering what he gave. If either contracting party cannot return what he received or benefited from as a result of performance of the void contract, the judge may oblige him to render equivalent performance. The basis thereof. - Assessment of compensation guided by the rights that would have been due to the impoverished party as a result of the void contract. A matter of merits, provided it is reasonable. - The court of first instance’s dismissal of the claim for the value of the share purchased in the company because the agreement to purchase it was void does not preclude a claim before the Court of Appeal for compensation equivalent to what accrued to the purchasers through their benefit from that share.