Kuwait Court of Cassation principle number 723

The general rule is delivery of a copy of the notice to the person to be served personally, at his domicile or workplace. Article 9 of the Civil Procedure Law. Absence at the domicile of the person to be served or of anyone stating that he is his agent, works in his service, or resides with him, or refusal by any such person found there to receive the copy from the process server. Its necessary consequence. The copy must be delivered on the same day to the officer in charge of the police station within whose district the addressee's domicile or workplace falls, and the process server must, within 24 hours of delivering the copy to the police station, send him a registered letter by post notifying him that the copy has been delivered to the police station. - Domicile is the place where a person habitually resides. A person may have more than 1 domicile. Its condition. His continued presence there in a manner satisfying the requirement of habitual residence, even if interspersed with periods of absence at short or long intervals. The intention to settle is the basis. Service on a person at that place is valid. Its condition. Absence of fraudulent intent. - Service of judicial documents. The general rule is that the addressee acquires certain knowledge thereof through delivery of a copy to him. The exception. Presumed knowledge suffices in some cases through service at his domicile, and constructive knowledge in others. Following the procedures prescribed by law. Its effect. Validity of service and a presumption that the copy reached the addressee. - Determining the place where a person actually resides and verifying or negating the occurrence of service. Questions of fact independently determined by the trial court without further review. Its condition. Basing its decision on reasonable grounds supported by the documents. An example concerning valid service of a demand for payment through the administrative authority.