Kuwait Court of Cassation principle number 110

Summary: - The rule that a judgment previously challenged by the same litigant by a petition for reconsideration may not be challenged by that route again. A fundamental rule that must be followed absolutely, even without a specific statutory provision. It rests on an essential principle of procedural rules. Its purpose. Stability of judgments and bringing litigation to an end. Example: concerning the challenged judgment’s ruling accepting a petition against a judgment despite its having previously been challenged by petition, which vitiates the judgment and requires its cassation. Rule: The rule that a judgment previously challenged by the same litigant by a petition for reconsideration may not be challenged by that route again is a fundamental rule that must be followed absolutely, even without a specific statutory provision. It rests on an essential principle of procedural rules aimed at ensuring stability of judgments and bringing litigation to an end. That being so, the first respondent had previously challenged the judgment petitioned against by petition for reconsideration 2520 of 2008, Commercial, in which the petition was ruled inadmissible. He then again challenged the same judgment by the petition for reconsideration in which the challenged judgment was issued. The petition should therefore have been ruled impermissible. However, the challenged judgment departed from this view and ruled that the petition for reconsideration was permissible and that the judgment petitioned against was void. It is therefore defective and must be quashed. As regards petition for reconsideration 4114 of 2012, Commercial, and in view of the foregoing, the petition must be ruled impermissible.