Session on Tuesday, December 10, 2024
Headed by Judge Shihab Abdulrahman Al-Hammadi, ‘Head of the Department’, with the membership of Judges Abdullah Bubakr Al-Siri and Sabri Shamsuddin Mohammed
(1-4) Defences ‘The defence that the case cannot be heard due to its prior adjudication’. Case ‘Subject matter and cause of action’. Court ‘Subject Matter Court: Its authority in assessing the connectivity of the previous and subsequent lawsuits’.
1. The defence of inadmissibility. Requires the union of the pending and previous lawsuits in terms of subject matter, appellants and cause, and that the basic issue in both of them is the same.
2. The subject matter and cause of action. What they are.
3. The assessment of the union of the preceding and subsequent lawsuits is a subject matter that the trial court is independent of.
4. The appealed judgement rejected the defence submitted to it regarding the violation of res judicata, the fact that the previous criminal and subsequent civil lawsuits relate to the same right in terms of locus and cause and the prohibition of combining two damages for...