Kuwait Court of Cassation principle number 1658

The binding authority of a judgment. Is established in respect of the litigation it determined expressly or by necessary implication, whether in the operative part or in the grounds without which the operative part cannot stand. That binding authority may not be overturned - 258 - Civil Procedure even by new factual evidence or legal arguments not previously raised in the first action, so long as the capacities of the litigants have not changed and the second action concerns the same right in subject matter and cause. - Identity of subject matter. The condition for its realization. - A final judgment possessing the force of res judicata. Courts must follow it and be bound by it and may not rule contrary to it, even if it is contrary to law. The reason: the authority of res judicata prevails over considerations of public policy.