Kuwait Court of Cassation principle number 109

Summary: - Petition for reconsideration. A prior cassation appeal against the judgment in respect of which reconsideration is sought does not preclude its admissibility—where its conditions are satisfied—even if the grounds of that appeal repeat the grounds of the petition. The reason: each differs in its concept and purpose. An example. Rule: It is established in this Court’s jurisprudence that a prior cassation appeal against the judgment in respect of which reconsideration is sought does not preclude the admissibility of the petition, where its conditions are satisfied, even if the grounds of that appeal repeat the grounds of the petition, because each differs in its concept and purpose. That being so, the prior filing of Commercial Cassation Appeal No. 178 of 2006 against the judgment in respect of which reconsideration is sought, and the Court of Cassation’s ruling that the appeal was inadmissible, do not preclude the admissibility of the petition for reconsideration of that judgment. Accordingly, the criticism is unfounded.