Kuwait Court of Cassation principle number 1956

Methods of challenging judgments. The legislature has exhaustively prescribed them according to specified time limits and particular procedures. Grounds of defects that may affect judgments may not be examined except by challenging them through the appropriate methods of challenge. There is no means of depriving them of effect through an original action for nullity or a plea of nullity once those methods have become closed. The reason therefor. The exception: the judgment lacking one of its essential constituent elements. Its mere contravention of a statutory provision or the settled jurisprudence of the Court of Cassation does not render it nonexistent. - Judgments rendered by second-instance courts may be challenged by a petition for reconsideration. Their susceptibility to challenge by cassation, or their actually being so challenged, does not preclude challenging them by a petition for reconsideration. A party joined for the judgment to be binding upon him may not renew a dispute over what the judgment decided once it has become final after becoming binding upon him, so long as he maintained a passive position in the litigation without any impediment thereto. Example of a reasonable inference not contrary to law concerning giving effect to res judicata pursuant to the challenged judgment on a petition for reconsideration in the matter of nationality. - 318 - Procedure - Capacity and interest in challenging a judgment:-