Answer: Yes, it can — provided that the parties, subject matter, and legal grounds of the claim are different.
According to Article 94 of Federal Decree-Law No. 42 of 2022 on Civil Procedure Law, the objection of res judicata(non-admissibility of rehearing a decided case) may be raised at any stage of the proceedings, and the court may also apply it on its own initiative.
However, the Federal Supreme Court clarified that this objection is admissible only if all three elements fully coincide:
1. The parties (the same persons);
2. The subject matter (the same claim or relief sought);
3. The cause of action (the same legal basis).
In Commercial Appeal No. 243 of 2025, the Supreme Court reviewed a case where the Court of Appeal had dismissed a claim on the grounds that a similar dispute had already been adjudicated.
However, the plaintiff demonstrated that:
- The previous case was filed by a different party (not the same claimant);
- It concerned the recovery of an unpaid cheque amount;
- Whereas the new claim sought damages and compensation for unlawful acts commi...