Kuwait Court of Cassation principle number 2678

Third-party opposition. Its nature. Its condition: the opponent must prove fraud, collusion or gross negligence by the person who represented him in the action. Consequence: inadmissibility when brought by someone to whom the judgment does not apply. It suffices for him to plead that it has no res judicata effect against him. - A partition action. The res judicata effect of the judgment therein is confined to the co-owners who were parties thereto, as is the case with an agreed partition contract. Completion of partition of co-owned real property by liquidation. The co-owner seeking partition is not considered a creditor or debtor of the other undivided co-owners. Effect: he is not considered to represent the other co-owners in this action. Consequence: failure to join one of the co-owners. His opposition to the judgment - 513 - Procedure by third-party opposition. Inadmissible.