Kuwait Court of Cassation principle number 63

Particulars required in the service document. Their nature. The full name of the person to be served, his profession or occupation, domicile and place of work. Lack of knowledge of his domicile or place of work at the time of service. His last domicile, residence or place of work in Kuwait or abroad is stated, and the document is delivered to the Public Prosecution. Contravention of this. Its effect. Nullity. Its purpose. Facilitating the commencement of inquiries from that place into the whereabouts of that person with a view to serving him. Failure of diligent inquiries to locate him. A copy of the service document is delivered to the Public Prosecution. Those inquiries must be recorded in the service document. The reason for this. Enabling the court to exercise its supervision over the diligence of the inquiries. Articles 8, 11 of the Code of Civil Procedure. - 131 - Criminal Procedures and Trials - Documents in criminal matters, including the summons to attend the trial hearing. They must be served on the accused personally. His absence from his residence. A copy of the service document is delivered to one of his adult male relatives residing with him. His domicile being unknown. A copy of the service document is delivered to the Public Prosecution after reasonable effort has been made to inquire into his said domicile. Contravention of this. Its effect. Nullity of the judgment. - Service on the Public Prosecution is an exception. The implication of this. - Before deciding the case in the accused’s absence, the Court of Appeal must ascertain that the registry has duly served him and the other parties with notice of the date of the appeal hearing. The reason for this. The accused’s attendance and presentation of his defence. Its adjudicating the appeal brought by the Public Prosecution without duly serving the accused. Its effect. Nullity.