Kuwait Court of Cassation principle number 3355

Issuance of a judgment in an action claiming rent under a lease contract, awarding the amount claimed. That judgment's determination of a fundamental issue, namely the applicability of Law 35 of 1978 concerning Real Property Leases to the contract and the jurisdiction of the Rentals Circuit over disputes arising from it. The same litigants bringing an action claiming the cost of repairing damage occurring to the same premises under the same contract. Its implication. It is a dispute arising from the lease contract concerning which a judgment having the force of res judicata had previously been rendered, holding that the provisions of the Real Property Leases Law apply to it and that the Rentals Circuit has jurisdiction to hear actions arising from it. The judgment's departure from this and its ordering the appellant to pay the cost of repairing the damage by a judgment implicitly holding that the Commercial Circuit had jurisdiction to hear the action. A violation of the rules of subject-matter jurisdiction, which pertain to public order and require its quashing.