Kuwait Court of Cassation principle number 1232

The invalidity of service of statements of claim and summonses arising from a defect in service is cured by the appearance of the person served at the hearing specified in the notice of service or by the filing of a memorandum of defence. The reason therefor: fulfilment of the purpose of the invalid document and treating the party’s appearance as a waiver of reliance upon its invalidity. - Constitution of the proceedings on appeal, whereby the principle of adversarial proceedings between the parties is fulfilled. Its manner: valid service of the appeal petition upon the respondent within thirty days of its filing. Delay therein attributable to the appellant. Its effect. The respondent may request that the appeal be deemed as though it had never been brought and that judgment be rendered accordingly. Discretionary for the court.