Kuwait Court of Cassation principle number 1366

A litigant’s attendance at the hearing specified in the invalid notice of service. Constitutes a waiver by that litigant of reliance on its nullity. Nullity of summonses owing to a defect in service, in the identification of the court, or in the hearing date. Relative and unrelated to public policy. It must be invoked in the appeal petition. Its effect. Omission thereof: forfeiture of the right to invoke it, and the Court of Appeal may not rule on it of its own motion. A statement in the facts that the litigant was not served. Does not constitute express and unequivocal reliance on nullity. The Court of Appeal’s ruling on nullity of its own motion. Vitiates its judgment by contravention of the law.