Kuwait Court of Cassation principle number 1475

Valid service of the statement of claim. Its necessity for the constitution of proceedings between the parties. The reason therefor. Fulfilment of the adversarial principle between the litigants. Failure thereof until delivery of the first-instance judgment. Its effect. Extinction of the proceedings and nullity of the judgment, which the court declares of its own motion. The necessary consequence thereof. The Court of Appeal must confine itself to declaring nullity and must not go beyond that to determine the merits of the action, since doing so would concern proceedings that have not been constituted and would contravene the principle of litigation at two levels.