Kuwait Court of Cassation principle number 2912

The copy for service of judicial documents is delivered to the person to be served, or at his domicile, workplace or elected domicile. Impossibility thereof. Its necessary consequence. Delivery to the Public Prosecution after conducting serious inquiries. The implication thereof. Service takes effect from the time its copy is delivered to the Public Prosecution. Articles 9, 11 of the Code of Procedure. - The process server following the rules prescribed by law. Its effect. Validity of service, with all legal effects ensuing, including the presumption that the copy actually reached the person served. This presumption may not be rebutted except by pursuing a challenge on grounds of forgery. Determining the domicile of the person served, verifying completion of service there, and assessing the sufficiency of the inquiries warranting service through the Public Prosecution. Factual matters within the exclusive competence of the trial court. Its condition. Basing its ruling on sound reasons having an established basis in the documents. An example concerning sound reasoning for the validity of service through the Public Prosecution.