Kuwait Court of Cassation principle number 4070

Registration of the statement of claim in an action for confirmation of the validity of a contract and annotation of the judgment rendered therein in the margin of the registration. Its effect. Preserving the purchaser’s right against anyone who acquires a right in rem over the property from the same transferor and giving it priority over every subsequent registration. The reason for this. The effect of the judgment relates back to the date of registration of the statement of claim. - The judgment dismissing the action for confirmation of the validity of a contract brought by the appellant on the basis that ownership of the sold property had passed to the first respondent’s mother and that the appellant had not registered his statement of claim, despite it being established that the appellant had previously brought an action for confirmation of the validity of a contract concerning the same property and registered its statement of claim. The judgment’s failure to ascertain the nature of the earlier action, its registration and the date thereof to determine its legal effect on the current action. Inadequacy of reasoning necessitating its cassation.