Judicial principles and studies
Res judicata, Expert Report, and Court Powers
The study addresses limits on raising res judicata, whether expert reports must resolve inclusion of regulatory streets, and the court's authority to obtain further evidence while confining judgments to parties' requests.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
- Two core issues arise from the official points: first, an appellate court should not uphold a res judicata plea before reviewing the file of the challenged action and verifying that the subject matter of both claims is identical, in line with Article (41) of the Evidence Law. Second, an expert report must conclusively state whether the expropriation covers regulatory streets, specifying their area and value and whether restoration to the prior state is feasible, given the plaintiffs' requests concerning obstructions such as buildings or walls. - The points also indicate that these technical matters justify the court's exercise of its powers under Articles (100) and (185/1/b) of the Civil Procedure Law to request additional evidence when necessary. - Finally, a judgment that goes beyond what the parties requested or rules against non‑party claims violates Article (198/5) of the Civil Procedure Law and is subject to cassation.
Summary
- The appellate court should first inspect the file and confirm identity of claims per Article (41) before deciding on res judicata. - The expert report must decisively address whether regulatory streets are included in the expropriation, provide their area and value, and assess the possibility of restoring the situation, as these are technical questions requiring clear expert findings. - The court may invoke Articles (100) and (185/1/b) of the Civil Procedure Law to obtain any necessary evidence to resolve technical disputes. - Rendering a judgment beyond or contrary to the parties' requests breaches Article (198/5) and constitutes grounds for cassation. This is an educational summary and does not constitute a judicial text or legal advice.
Practical significance
This is a general educational summary based on the points published in the official source. It does not replace the original material or a review by Ashraf Al-Khawaja before relying on it for any action.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.