Kuwait Court of Cassation principle number 2017

Deeming an appeal as though it had not been. The criterion for so ruling. - Deeming an opposition as though it had not been. Its merger into the default judgment opposed. Its effect. The appeal extends to both judgments together. - The appellant’s opposition to the default judgment of conviction and the ruling deeming it as though it had not been. His bringing an appeal against this judgment. It extends to the judgment opposed into which it merged. The appellate court’s proceeding to hear the appeal and stopping at consideration of the judgment rendered on the opposition deeming it as though it had not been, without considering the merits of the first-instance default judgment despite the aforementioned merger, renders its judgment defective and requires its cassation. - The ground of challenge being connected with the appellant whose challenge was ruled to have lapsed and who was a party to the appellate proceedings. Its effect. Cassation of the judgment in respect of him as well. The basis for that.