Kuwait Court of Cassation principle number 2704

The plaintiff is free to determine the scope of the proceedings in terms of their parties unless the law requires particular persons to be made parties to the action. - A litigant may join in the action anyone who could properly have been made a party when it was brought. Manner thereof. - Joinder of parties to the action. A discretionary power of the court. A challenge to its failure to exercise it. Inadmissible. - The parties to appellate proceedings. They are limited to the persons who were parties before the court of first instance. Making persons parties before the Court of Appeal contrary to this. A violation of the rules of jurisdiction and the principle of litigation at two levels. Reason thereof. - Disregarding a request to join new parties who were not parties to the action in which the judgment appealed against was rendered does not vitiate the judgment. Its failure to respond to a manifestly invalid defense. Does not vitiate it. - An action to dissolve and liquidate a limited liability company. There is no requirement to make all its partners parties thereto. Articles 170, 172, 177, 215, 216 of the Commercial Companies Law. Exception. If the company's incorporation was unlawful. Article 97 of the same law.