Kuwait Court of Cassation principle number 2757

Filing the statement of claim. A condition for commencement of proceedings. Their constitution is dependent on its service. Reason therefor. Achieving an adversarial confrontation between the parties. Its implication: achieving an adversarial confrontation without service suffices to constitute the proceedings. Basis thereof. - Absence of prejudice because the purpose has been achieved through a valid or defective procedure or without a procedure. Its effect: nullity may not be adjudged. - The respondent's submission before the Court of Appeal of a memorandum containing a cross-appeal, in the appellant's absence, seeking an increase in the maintenance awarded. Its necessary consequence. Service on the latter so that he can confront and respond to what is directed against him. The challenged judgment ruling that it is admissible in form and increasing maintenance despite the proceedings in the cross-appeal not having been constituted. A violation of the law requiring its cassation.