Kuwait Court of Cassation principle number 1635

Res judicata effect. Its criterion. - Res judicata effect. Its condition: the cause in the second must be the very same cause as in the first. Similarity is insufficient. - Identity of cause. Exists where the legal source of the right claimed in the two actions is one and the same. Its implication. An example of the lack of res judicata effect of a judgment rendered in an action for rescission of a sale contract in an action for warranty and entitlement to the sale price under the same contract.