Kuwait Court of Cassation principle number 3466

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: it is inadmissible from a person to whom the judgment does not apply. It is sufficient for him to plead that it has no binding effect against him. - A partition action. The binding effect of the judgment issued therein is confined to the co-owners who were parties to it, as is the case with a consensual partition contract. Completion of the partition of jointly owned real property by liquidation. The co-owner seeking partition is not deemed a creditor or debtor of the remaining co-owners in undivided ownership. Effect: he is not considered to represent other co-owners in this action. Consequence. Failure to join one of the co-owners. His challenge to the judgment by third-party opposition. Inadmissible.