Kuwait Court of Cassation principle number 4372

The plaintiff’s request in the original ownership action brought before the commencement of enforcement and sale procedures, in addition to the request to confirm his ownership of the property, for a judgment that the judgment awarding its sale is ineffective against him and that the enforcement procedures are void - 859 - ownership over it. A single indivisible subject matter admitting only one particular solution in respect of all the actual litigants. Its effect. All parties to that relationship, including the attaching creditor, must be joined. This is not altered by the fact that the legislature did not require specific persons to be joined in the original ownership action as it required in the incidental ownership action provided for in Article 279 of the Civil and Commercial Procedure Code. Compensation for use arising from usurpation (yield):