Kuwait Court of Cassation principle number 3403

Adjudication of the very same issue, where it is comprehensive, by a judgment having res judicata effect. A bar to the same litigants disputing, by action or defence, any partial right whose establishment or negation depends on the establishment or negation of that previously determined issue. This res judicata effect attaches to the appellate judgment even if challenged in cassation. An example. Nineteenth: The effect of quashing the appellate judgment on the defendant's defences previously rejected along with the dismissal of the plaintiff's action