Kuwait Court of Cassation principle number 1218

A prior ruling on a fundamental issue acquires res judicata authority and prevents the litigants from disputing it again in the second judgment whenever it forms the basis of the rights each party asserts against the other. That the determination of the fundamental issue appears in the reasons for the judgment does not negate such authority, and what is resolved by a final ruling of the Court of Cassation acquires the force of res judicata. It may not be disputed after cassation of the judgment. The challenged judgment's departure from the foregoing view. Renders it defective and requires its cassation. An example.