Kuwait Court of Cassation principle number 2890

The general rule is delivery of a copy of the process to the person to be served himself at his domicile or workplace. Article 9 of the Civil and Commercial Procedure Law. Absence from his domicile of the person to be served or anyone stating that he is his agent, works in his service, or resides with him, or refusal by any such person found there to receive the copy from the process server. Its necessary consequence. The copy must be delivered on the same day to the officer in charge of the police station within whose district the domicile or workplace of the person to be served is situated, and the process server must, within 24 hours of delivering the copy to the police station, send him a registered letter by post notifying him that the copy has been delivered to the police station. - Domicile is the place where a person habitually resides. A person may have more than 1 domicile. The condition thereof. His continued residence there in a manner satisfying the requirement of habitual residence, even if interrupted by periods of absence at short or long intervals. The intention to settle is the basis. Service on the person at this place is valid. Its condition. Absence of fraudulent intent. - Service of judicial documents. The general rule is that it comes to the certain knowledge of the person served through delivery of a copy to him. The exception. Presumed knowledge suffices in some cases through service at his domicile, or constructive knowledge in others. Following the procedures prescribed by law. Its effect. Validity of service and the presumption that the copy has reached the person served. - 556 - Civil and Commercial Procedure - Determining the place where a person actually resides and verifying whether service has occurred or not. Matters of fact independently determined by the court of merits without review. The condition thereof. That its decision is based on sound reasons having an established basis in the papers. An example concerning valid service of a demand for payment through the administrative authority.