Session of Monday, June 3, 2024
Headed by Judge Shihab Abdulrahman Al Hammadi, "Head of the Department"
With the membership of Judges Al-Hassan Ibn Al-Arabi Faidi and Juma'a Ibrahim Mohammed Al-Otaibi
(1-2) Establishment of res judicata and the effect of res judicata. Trial Court: What the trial court must consider’. Defence ‘Substantive defence.’ Judgement ‘Reasoning of the judgement and the lack of reasoning’.
1. The judgement must contain information that reassures that the trial court thoroughly examined of the evidence in the case and responded to the substantive defence raised therein to the contrary.
2. The Appellant’s recourse to the trial judge following an order from the enforcement judge declaring lack of jurisdiction, upheld on appeal. Effect. The trial judge must abide by the authority of that order and address the merits of the case. The challenged judgement violated this order, before it, by accepting the appealed verdict and ruling on lack of jurisdiction, if an error occurred, it would require cassation.
1. It is established ...