Kuwait Court of Cassation principle number 277

It is permissible to rule that an appeal is deemed never to have been brought, at the respondent’s request, if the respondent has not been summoned to appear within the time limit. The condition thereof: the delay in service must be attributable to the appellant’s intentional act or negligence, since the appellant bears the duty of continually following up the procedures of the action and taking the appropriate step. - Imposition of the sanction of deeming an appeal never to have been brought. Its criterion. A factual matter independently determined by the court of merits. - 53 - Civil Procedure The condition thereof.