Kuwait Court of Cassation principle number 1647

Methods of challenging judgments. The legislature exhaustively prescribed them in accordance with specified time limits and particular procedures. Grounds of defect that may affect judgments may not be examined except by challenging them through the appropriate methods of challenge. Once those methods have become closed, there is no means of setting the judgments at naught by an independent nullity action or a plea of nullity. The rationale for this. The exception: the judgment's lack of one of its essential elements. Its mere contravention of a statutory provision or the settled jurisprudence of the Court of Cassation. Does not render it nonexistent. - Judgments issued by second-instance courts may be challenged by a petition for reconsideration. Their amenability to challenge by cassation, or their actually being so challenged. Does not prevent their being challenged by a petition for reconsideration. A party joined for confrontation may not renew the dispute over what the judgment decided if it has become final after becoming binding upon that party. Provided that the party adopted a passive position in the proceedings without any impediment to doing so. An example of a reasonable inference not contrary to law concerning the application of res judicata authority pursuant to the judgment on the petition for reconsideration under challenge concerning - 256 - Procedure the issue of nationality.