Kuwait Court of Cassation principle number 908

The female respondent's final requests in the first action, "relied upon against her," were for a judgment allocating a custody dwelling to her in the disputed dwelling in her capacity as custodian. This differs in cause and subject matter from her request in the second action, "the subject of the appeal," namely a judgment enabling her to exercise her right, together with her children, to reside in the dwelling allocated to them by the State pursuant to a decision of the Public Authority for Housing Welfare. Its implication: the judgment in the first action that the civil circuit lacked jurisdiction to hear the action has no res judicata effect preventing that circuit from hearing the second action. The judgment's adherence to this view. The criticism directed against it is incorrect.