Session on Wednesday, July 24, 2024
Headed by Judge / Al-Bashir Bin Al-Hadi Zeitoun, ‘Head of the Department’
And the membership of Judges / Al-Hassan Ben Larbi Faidi and Al-Tayeb Abdul Ghafour Abdul Wahab.
(1-4) Judgment ‘Reasoning of the Judgment‘ Authenticity of the Judgment: Areas of Authenticity’. Proof of ‘Evidence and the authority of res judicata: Significance of authenticity’.
1. The judgement must contain a reasoning that satisfies the reviewer that the court has examined the evidence in the case and obtained from it what indicates that it has examined the papers, addressed the arguments of the parties and provided the reasons that justify the opinion it has taken to oppose that is a deficiency.
2. Judgements that have attained the authority of res judicata are authoritative in what they decide in an existing dispute related to the same right and cause and between the same litigants without changing their characteristics by accepting evidence that contradicts this presumption. The basis for this is impermissible.
3. The authority of res judicata prevents the reopening of a r...