Kuwait Court of Cassation principle number 1651

Binding authority. Its criterion: identity of the parties, cause and subject matter in the two actions. - Identity of subject matter. When it is established. What the court has not actually examined. Cannot be the subject of a judgment having the force of res judicata. - The female respondent’s request in the previous action for entitlement to obtain separate passports for her children by the appellant and to have them delivered to her, which was finally rejected. Does not prevent the court from considering her requests in the present action, namely to compel the appellant to deliver to her her children’s passports, birth certificates and civil identity cards which he has retained. The judgment’s adherence to that and its rejection of the plea that the action may not be heard because it has previously been adjudicated. Correct.