Kuwait Court of Cassation principle number 2294

The guarantor’s entry as a party to the action. Its effect. He is deemed a party to the original litigation notwithstanding the independence of the incidental warranty action from the original action in all its elements. Consequence thereof: he may challenge the judgment rendered in this litigation even if the warranty claimant has accepted it, because the original and incidental actions are closely connected. Consequence thereof: the challenge brought by the guarantor encompasses examination of the underlying litigation against which the grounds of challenge are directed. Example.