Session of Tuesday, 14 January 2025
Presided over by Justice Shihab Abdulrahman Al-Hammadi, "Head of the Department"
With the membership of Judges Abdullah Bubakr Al-Siri and Sabri Shamsuddin Mohammed
(1-5) Establishment of methods of proof by res judicata. The defence of res judicata is a substantive defence.
1. A judgement on a single fundamental issue whose establishment or negation results in the establishing or negation of a right. A judgement that has the force of res judicata between the appellants themselves and prevents them from disputing any right that depends on the establishment or negation of the same issue, provided that the issue does not change. Different requests in the two lawsuits. This does not change.
2. A judgement establishing or negating a partial right resulting from the establishment or negation of a fundamental issue. A judgement that has the force of res judicata on that issue between the appellants prevents them from disputing any other partial right whose establishment or negation depends on the same issue. The assessment of that. An obje...