Kuwait Court of Cassation principle number 853

Judgments that have acquired res judicata effect. Conclusive as to the matters they have determined in the dispute. That effect may not be overturned by new factual evidence or legal arguments not previously raised in the first action. Condition thereof. - A wife’s institution of an action for judicial divorce on grounds of harm and its dismissal. Her right to bring a subsequent action on the same ground. Condition thereof. Its reliance on facts different from those on which the first action was brought. Determination thereof. A matter independently determined by the trial judge.