Kuwait Court of Cassation principle number 143

An indemnity action is independent of the original action and is not a plea or defence therein. The ruling in the - 29 - Civil Procedure original action entails an implicit ruling in the indemnity action. The court's failure to decide it expressly is not an omission to adjudicate it. The rationale for this. - An appeal against the judgment issued in the original action does not of itself bring the ancillary indemnity action before the appellate court. The inability of the claimant in the indemnity action to appeal the judgment issued therein because the judgment in the original action granted all his claims. Its effect. An appeal against the judgment issued in the original action permits the indemnity claimant to bring his action before the appellate court by joining his opponent therein even if that opponent is not appearing in the appeal.