Kuwait Court of Cassation principle number 4129

An action for recovery of possession. Its nature. What suffices for its admissibility. - A criminal judgment of acquittal in a possession action for absence of the element of use of force in the offence of dispossession has no res judicata effect before the civil judge and does not prevent him from examining whether or not there is an unlawful act permitting an action for recovery of possession. - A possessory action. Its nature. Conditions for bringing it. - A judgment rendered in a possessory action. A provisional judgment having no res judicata effect in an action concerning the underlying right. - The primary basis of possessory actions is possession meeting its legal conditions. There is no scope therein for examining the underlying right and scrutinizing the parties’ documents except for guidance.