Kuwait Court of Cassation principle number 2256

The rendering of a judgment in an action claiming rent under a lease, awarding the amount claimed. Its implication. That judgment determined a fundamental issue, namely the applicability to the contract of Law 35 of 1978, as amended, concerning the Leasing of Real Property, and the jurisdiction of the Rentals Circuit over disputes arising therefrom. The same litigants instituting an action claiming the cost of repairing damage occurring to the same premises under the same contract. Its implication. It is a dispute arising from the lease concerning which a judgment has already been rendered, acquiring res judicata effect as to the applicability of the provisions of the Real Property Leasing Law to it and the jurisdiction of the Rentals Circuit to hear actions arising therefrom. The judgment’s contravention of this and its ordering the appellant to pay the cost of repairing the damage by a judgment implicitly holding that the Commercial Circuit had jurisdiction to hear the action. A contravention of the rules of subject-matter jurisdiction, which concern public policy and require its cassation.