Kuwait Court of Cassation principle number 2320

Objection by a person outside the proceedings. Its nature. Its condition: the objector’s proof of fraud, collusion or gross negligence by the person who represented the objector in the action. Its implication: inadmissibility from a person to whom the judgment does not apply. It is sufficient for that person to plead the absence of binding effect against them. - Partition action. The binding effect of the judgment rendered therein is confined to the co-owners who were parties to it, as is the case with a consensual partition contract. Completion of partition of jointly owned immovable property by liquidation. The co-owner seeking partition is not regarded as a creditor or debtor of the remaining co-owners in undivided ownership. Its effect: that co-owner is not regarded as representing other co-owners in this action. Its implication. Failure to join a co-owner as a party. That co-owner’s objection to the judgment by an objection by a person outside the proceedings. Inadmissible. - Action against judges:-