Session on Wednesday, 5 March 2025
Presided over by Mr Shihab Abdul-Rahman Al-Hammadi, Judge, Chairman of the Department
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(1–3) The quashing of the ‘Chapter on legal issues and their nature’ ‘has the effect of quashing the judgement in an appeal against another joined appeal’.
(1) Legal issues decided upon in the quashing judgment. These have the force of res judicata, and the court to which the case is referred must abide by them and confine its consideration, upon re-examination of the case, to the scope indicated in the quashing judgment. Legal issues. Their meaning.
(2) The contested judgment failed to comply with the findings of the quashing judgment regarding the correction of material errors, by failing to specify the points requiring correction in the operative part of the judgment and to replace them with the correct version—which establishes the binding effect of the matter adjudicated upon in order to define the scope of what has been decided—and by failing to alter the legal positions of the parties to the proceedings following the correction. A flaw in reasoning necessitating cassation.
(3) The ...