Kuwait Court of Cassation principle number 486

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 rationale therefor. - The previous judgment evicting the first appellant from his home did not determine the simulation and invalidity of the sale and agency contracts, and the second female appellant was not joined as a party therein. Its consequence. It may not be invoked against the first appellant or against her. Registration of the sale contract by the first respondent does not alter this. The challenged judgment’s departure from this. An error that prevented it from examining the plea of simulation and invalidity of the two contracts, in addition to its deficient reasoning.