Kuwait Court of Cassation principle number 2471

An appealable judgment. Its res judicata effect is provisional and is suspended upon its appeal until a ruling affirms it, whereupon its res judicata effect returns, or sets it aside, whereupon that effect ceases. - Suspension of a judgment's res judicata effect. Its consequence. A court before which any dispute determined by that judgment is brought is not bound by that res judicata effect so long as the appeal has not been decided before it renders its judgment in the action. - Adjournment of the hearing of the appeal indefinitely. It does not constitute dismissal of the appeal and affirmation of the first-instance judgment. Consequence thereof. That judgment does not regain its res judicata effect. This is not altered by the provision of the Criminal Procedure and Trials Law that a general amnesty issued by His Highness the Amir for a particular offence or offences is equivalent to a judgment of acquittal. The reason therefor. The provision of this article does not preclude a claim for civil compensation without being bound by the outcome of the criminal proceedings. A judgment's contravention thereof. An error in the application of the law requiring its cassation.