Kuwait Court of Cassation principle number 722

A copy of the judicial documents to be served is delivered to the person to be served, or at his domicile, workplace or elected domicile. Inability to do so. Its necessary consequence. Delivery thereof to the Public Prosecution after conducting serious inquiries. Its implication. Service takes effect from the time its copy is delivered to the Public Prosecution. Articles 9 and 11 of the Civil and Commercial Procedure Law(*). - Domicile is the place where a person habitually resides on a settled basis with the intention of making it his home. Being settled does not mean continuous residence there without interruption. Habitual residence must be established there, even if interspersed with frequent periods of absence and even if the person to be served is not present at that place at the time of service. Its condition. Absence of fraudulent intent. - Compliance by the process server with the rules prescribed by law. Its effect. Validity of service and all the legal effects resulting therefrom, including the presumption that the copy actually reached the person served. This presumption may not be rebutted except by a challenge alleging forgery. Determining the domicile of the person served, verifying completion of service there, and assessing the adequacy of the inquiries warranting service through the Public Prosecution. Matters of fact falling within the independent authority of - 160 - Right the trial court. Its condition. Basing its decision on reasonable grounds supported by the established record. Example concerning reasonable grounds for the validity of service through the Public Prosecution.