Kuwait Court of Cassation principle number 882

The binding effect of a judgment that precludes resubmission of the dispute to the court. Its basis: the judgment must have finally determined an essential issue that has not changed, which the parties contested in the first action and whose truth was settled by that judgment, and which itself forms the basis of what either party claims against the other in the second action. What the court has not actually determined. Cannot be the subject of a judgment having the force of res judicata. An example of differing causes of action between a mother's action to establish custody of her children and the father's action to bring some of them into his custody because the two had exceeded the age for women's custody.