Kuwait Court of Cassation principle number 1988

The guarantor joining the action as a litigant. Effect thereof. He is considered a party to the original proceedings notwithstanding the independence of the incidental guarantee action from the original action in all its elements. The consequence of - 323 - Civil Procedure that: he may challenge the judgment rendered in these proceedings even if the claimant under the guarantee accepts it, because the original and incidental actions are closely connected. Implication: the challenge brought by the guarantor encompasses examination of the substance of the proceedings against which the grounds of challenge are directed. Example.