Kuwait Court of Cassation principle number 1659

The very same issue, where it is general and comprehensive and its establishment or non-establishment results in a ruling establishing or negating the partial right sought in the action. That ruling acquires res judicata effect regarding that general and comprehensive issue disputed between the same litigants. Effect thereof: preclusion of disputing it by way of an action or a defense concerning any other partial right whose establishment or negation depends on the establishment or negation of that general issue previously determined between the same litigants, expressly or implicitly, whether in the operative part or in the reasons without which the operative part cannot stand, even by legal or factual evidence not previously raised in the first action or raised but not examined by the judgment rendered therein. This is not altered by the difference in the claims in the two actions, so long as their basis is the same. Example.