Kuwait Court of Cassation principle number 2278

A possessory action. Its nature. Conditions for bringing it. - 423 - Procedure - A judgment rendered in a possessory action is a provisional judgment having no res judicata effect in an action concerning the underlying right. - The original basis of possessory actions is possession satisfying its legal conditions. There is no scope therein for examining the underlying right and scrutinizing the litigants’ documents except as guidance. - Inferring the existence of possession from documents, an administrative or judicial investigation, or a witness who has not taken an oath. Within the authority of the court of merits.