Kuwait Court of Cassation principle number 3214

Judgments having acquired the authority of res judicata. Conclusive as to what they have determined of the dispute, and no evidence rebutting this presumption may be admitted. Its condition. Identity of subject matter, cause and parties. - Identity of the relief sought in the two actions and of the parties, with a difference in their legal basis, the first being based on the contract adjudged void and the second on application of the provisions of unjust enrichment. Necessary consequence. The judgment rendered in the first action has no res judicata effect in the second action. The contested judgment's adherence to this. No defect. - The requirement that the cause in the second action be the very same cause as in the first action. Similarity of the two causes. Insufficient. When identity of cause exists.