Kuwait Court of Cassation principle number 2376

The res judicata effect preventing the resubmission of a dispute. Its prerequisite. The judgment's determination of an unchanging fundamental issue contested by the parties in the first action, whose truth was conclusively and exclusively settled between them by the first judgment, precluding its reconsideration in the second judgment, even on new legal grounds or factual evidence, and that it be the basis of the rights either party claims against the other - 445 - Civil Procedure arising therefrom. What the court has not actually decided cannot be the subject of a judgment possessing the force of res judicata. - The criminal court's ruling that the civil action is inadmissible because it was brought after the legally prescribed time limit. Its binding effect is confined to what it decided. Its effect: the civil court may adjudicate the civil action brought before it within the time limit and based on the same grounds. The reason: the independence of each action in its procedures and time limits. - The rule in actions for civil rights is that they are brought before the civil court. Exception. Bringing them as ancillary to the criminal action. A judgment ruling that an action may not be heard because it has previously been adjudicated is an error in the application of the law requiring its cassation. - Immovable property action:-