Kuwait Court of Cassation principle number 1763

Service of an appeal at the elected domicile. The criterion for its validity. What matters in service is actual delivery of a copy of the petition to the person intended to be served. The procedures the person effecting service must follow when the person addressed refuses to receive a copy of the notice of service. When service is deemed to produce its effect. The process server merely recording the refusal of the person addressed to receive a copy of the notice of service, without notification. Does not produce its effect. - The plaintiff’s obligation to pursue service procedures. Adopting a passive position makes failure to complete service within the time limit attributable to the plaintiff’s act. - A ruling deeming the appeal never to have been brought. Permissible for the Court of Appeal. Its conditions.