Kuwait Court of Cassation principle number 1732

Methods of challenging judgments. The legislature has exhaustively prescribed them according to specified time limits and particular procedures. Grounds of defect that may affect judgments may not be examined except by challenging them through the appropriate methods of challenge. There is no means of setting them aside through an original nullity action or a plea of nullity once those methods have become closed. Reason therefor. Exception: the judgment's lack of one of its essential elements. Its mere violation of a statutory provision or of the settled jurisprudence of the Court of Cassation. Does not render it nonexistent. - Permissibility of challenging judgments issued by courts of second instance by petition for reconsideration. Their susceptibility to appeal in cassation or their actually being so appealed. Does not preclude challenging them by petition for reconsideration. A party against whom the proceedings were conducted may not renew the dispute over what the judgment adjudicated once it has become final and binding upon him, so long as he adopted a passive stance in the proceedings without any impediment thereto. Example of a tenable inference not contrary to law concerning the application of res judicata pursuant to the judgment on the petition for reconsideration under challenge in the matter of nationality.