Kuwait Court of Cassation principle number 352

Summary: - The rule that a judgment previously challenged by the same party by a petition for reconsideration may not be challenged by that route. A fundamental rule that must be followed absolutely, even if no specific provision of law prescribes it. Its foundation in an essential principle of procedural rules. Its purpose. Stability of judgments and bringing litigation to an end. An example concerning the challenged judgment's ruling admitting a petition against a judgment despite its having previously been challenged by petition, which renders the judgment defective and requires its cassation. Rule: The rule that a judgment previously challenged by the same party by a petition for reconsideration may not be challenged by that route is a fundamental rule that must be followed absolutely, even if no specific provision of law prescribes it. It rests on an essential principle of procedural rules aimed at the stability of judgments and bringing litigation to an end. That being so, and as the first respondent had previously challenged the judgment petitioned against by petition for reconsideration No. 2520 of 2008, Commercial, in which the petition was ruled inadmissible, and then returned and challenged the same judgment by the petition for reconsideration in which the challenged judgment was delivered, the petition ought to 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, requiring its cassation. Whereas, as regards petition for reconsideration No. 4114 of 2012, Commercial—and for the foregoing reasons—the petition must be ruled impermissible.