Kuwait Court of Cassation principle number 2071

An indemnity action is independent of the original action and is not a plea or defence therein. The ruling in the original action entails an implied ruling in the indemnity action. The court's failure to determine it expressly is not an omission to adjudicate it. The reason thereof. - An appeal against the judgment rendered in the original action does not, by itself, bring the ancillary indemnity action before the appellate court. The indemnity claimant's inability to appeal the judgment rendered in the indemnity action because the judgment in the original action granted all his claims. Its effect. An appeal against the judgment in the original action permits the party seeking indemnity to bring his action before the appellate court by joining his adversary therein, even if the latter was not a party to the appeal.