Kuwait Court of Cassation principle number 1879

Ruling that the opposition is deemed never to have been filed. Its criterion. The opposing party’s absence, without excuse, from the first hearing scheduled to consider his opposition after he has been notified. - Ruling that the opposition is deemed never to have been filed despite the accused not having been notified of the opposition hearing. Its effect. The appellate court, when considering the appeal, must declare it invalid and remit the case to the court of first instance for adjudication. Its ruling upholding the appealed judgment despite its invalidity. Vitiates its judgment and requires its cassation.