Kuwait Court of Cassation principle number 1807

Third-party opposition. Its nature. Its condition: proof by the opponent of fraud, collusion, or gross negligence by the person who represented him in the action. Its implication: it is inadmissible from a person to whom the judgment does not apply. It suffices for him to plead that it has no binding authority against him. - Partition action. The binding authority of the judgment rendered therein is confined to the co-owners who were parties thereto, as is the case with an agreed partition contract. Completion of the partition of co-owned real property by liquidation. The co-owner seeking partition is not considered a creditor or debtor of the remaining undivided co-owners. Its effect: he is not considered to represent the other co-owners in this action. Its implication. Failure to join one of the co-owners. His opposition to the judgment by third-party opposition. Inadmissible.