Kuwait Court of Cassation principle number 750

The female respondent's final requests in the first action, "relied upon against her," were for a judgment allocating custody accommodation to her in the dwelling in dispute in her capacity as custodian. This differs in cause and subject matter from her request in the second action, "the subject of the appeal," namely a judgment enabling her to exercise her right, together with her children, to reside in the dwelling allocated to them by the State by a decision of the Public Authority for Housing Welfare. The import thereof: the judgment - 501 - Civil Procedure in the first action that the civil circuit lacked jurisdiction to hear the action has no res judicata effect preventing that circuit from hearing the second action. The judgment's adherence to this view. The challenge thereto is incorrect.