Kuwait Court of Cassation principle number 2476

Action for validity and enforceability of a contract. Its purpose. The seller's disposition of the real property to another person by a registered contract before judgment on the validity and enforceability of the unregistered sale contract. Its consequence. The seller's obligation to transfer ownership cannot be performed. Unless the registered contract is tainted by a defect invalidating it. The purchaser's contention, in the action for validity and enforceability of the sale contract, that the sale contract registered to others is an absolute sham. The judgment ruling on the validity and enforceability of the sale contract forming the subject matter of the action without ascertaining the seller's ownership of the sold property. An error requiring its cassation. - 470 - Procedure