Kuwait Court of Cassation principle number 1219

The very same issue, where it is comprehensive and overarching, and its establishment or non-establishment results in a ruling establishing or negating the particular right sought in the action. That ruling acquires the force of res judicata in respect of that comprehensive, overarching issue disputed between the same litigants. The effect thereof: it may not be disputed by way of action or defence concerning any other particular right whose establishment or negation depends on the establishment or negation of that overarching issue previously decided between the same litigants, expressly or implicitly, whether in the operative part or in the reasons without which the operative part cannot stand, even by legal or factual evidence not previously raised in the first action, or raised but not examined by the judgment delivered therein. The difference in the relief sought in the two actions does not alter this. So long as their basis is the same. An example. - 357 - Administrative - The presumption of the binding effect of a criminal judgment rendered against an employee in terminating his service:-