Kuwait Court of Cassation principle number 921

The appellate court must ascertain that the appellant has been served before deciding the appeal in his absence. The basis for that. - The Court of Appeal's treating the appellant as a fugitive. Its failure to follow the procedures for serving a fugitive accused. Its merely serving him through the Public Prosecution. The effect: nullity of the service procedures. - The absence from the papers of the appellant's official knowledge of the hearing date requires the appellate court to adjourn to another hearing to follow the correct legal procedures for serving him. Contravention thereof invalidates the trial proceedings. The effect: the period for appealing the judgment by cassation opens on the day the appellant officially learns of its issuance. An example.