Kuwait Court of Cassation principle number 310

The independent content of a statutory provision. It does not isolate it from the other provisions all bound together by unity of subject matter. It must be interpreted in conjunction with them, understanding its meaning in a manner that establishes harmony and avoids conflict, and viewing them as a single coherent whole whose parts complement one another without diverting them from their intended purpose. Consequence: provisions are not understood in isolation from one another; rather, the meaning of any of them emerges in light of the comprehensive meanings conveyed by the other provisions. - Service of the judgment document that commences the time limit for challenging it in cases where that time limit begins upon service. It must be effected on the judgment debtor personally, at his original domicile, or at his workplace. Exclusion of the elected domicile in this regard. - The provision of Article 129 of the Procedure Law. Its failure to regulate how service of the judgment document is to be effected, its times, the rules governing its validity so that it produces its legal effect, and the sanction resulting from their breach, and its lack of regulation of service of the judgment on a judgment debtor with no known domicile or workplace. Its implication and necessary consequence. Recourse to the general rules for service of judicial documents, the judgment document being one of them. - Service of the judgment document according to the general rules. Its purpose is legal knowledge thereof by the person to be served. Consequence: the general rule is delivery of a copy of the document to him personally. Where this is impossible. It may be delivered to a person who states at the original domicile that he is his agent, works in his service, or is one of the spouses, relatives, or relatives by marriage residing with him, or to a person who states at the workplace that he is among those managing that workplace or employed there. Where none of these persons to whom the copy may validly be delivered is present, or whoever is present refuses to receive it or sign the original acknowledging receipt. The process server must deliver the copy on the same day to the officer in charge of the police station, or his deputy, within whose district the domicile or workplace of the person to be served is situated, as the case may be, and send a registered letter to the person to be served at his domicile or workplace within twenty-four hours, enclosing a copy of that copy and notifying him therein of delivery of the first copy to the police station. This latter method may be resorted to only as a supplementary step, not initially or independently. - All steps taken to effect service must be stated in the original notice and its copy. Completion - 401 - Procedure of the judgment service document in this manner. Its effect. Establishment of a legal presumption whereby the apparent fact is that the judgment debtor has legal knowledge of the judgment document, commencing the time limit for challenge. The judgment debtor alleging something contrary to this apparent fact. He bears the burden of proving that the service procedures did not achieve their purpose for a reason not attributable to his act or default.