Kuwait Court of Cassation principle number 4035

Simulation. Its nature. - Absolute simulation of a sale contract. Its effect. Its invalidity and the non-transfer of ownership to the purchaser, even if the contract is registered. The reason therefor. - The previous judgment evicting the first appellant from his home not addressing and deciding the simulation and invalidity of the sale and agency contracts, and the second appellant not having been joined as a party therein. The consequence thereof. It may not be invoked against the first appellant or against her. The first respondent's registration of the sale contract does not alter this. The challenged judgment contravening this. An error that prevented it from scrutinizing the plea of simulation and invalidity of the two contracts, in addition to its inadequate reasoning. - 790 - Ownership