Kuwait Court of Cassation principle number 1046

A litigant's attendance at the hearing specified in the invalid notice of service. Constitutes a waiver by him of invoking its nullity. The nullity of summonses owing to a defect in service, in the identification of the court, or in the hearing date is relative. It does not pertain to public policy. It must be invoked in the statement of appeal. Effect of omitting this. Forfeiture of the right thereto, and the Court of Appeal may not rule on it of its own motion. A reference in the facts to his not having been served. - 225 - Right does not constitute an unequivocal invocation of nullity. The Court of Appeal's ruling on nullity of its own motion. Vitiates its judgment by a violation of the law.