Kuwait Court of Cassation principle number 893

The appellate court's hearing of an appeal brought by the Public Prosecution against a default judgment rendered by the court of first instance, despite the availability of opposition thereto and the non-expiry of the period for challenging it by opposition. Impermissible. The basis for that. - The challenged judgment's proceeding to determine this appeal despite the papers containing nothing indicating the accused's arrest or personal service of this judgment upon him. An error in the application of the law. - The Court of Cassation's power to quash a judgment of its own motion in the accused's interest. The basis for that.