Kuwait Court of Cassation principle number 1126

A judgment has res judicata effect only as to what it has decided concerning the cause upon which the action was brought. What was not examined concerning another cause has no res judicata effect. - Identity of cause is an independent condition for invoking res judicata. Its implication. There is no res judicata effect if the judgment rendered in the first action is founded on a cause other than that upon which the second action was brought. Example. - A person who relied on a cause and whose action was dismissed. May bring a new action relying on another cause.