Kuwait Court of Cassation principle number 3465

A person who was not personally a party to the litigation and against whom the judgment is binding. He has the right to resist its being invoked against him. The condition for this. Proof of fraud, collusion, or gross negligence by his representative. - A guarantor joined in the action for judgment against him for whatever may be awarded against the defendant in the original action—the party seeking indemnity—is considered a party and an interested person in the original litigation. Consequence. He may raise such defenses as occur to him and challenge the judgment by the legally prescribed means of challenge, and an objection by him to the judgment rendered, based on the provisions of Article 158 of the Civil Procedure Law, is inadmissible. Reason for this. The objector must not have been joined or intervened in the action.