Kuwait Court of Cassation principle number 3002

Service of judicial documents. Its manner. - Inquiries into the domicile of the person to be served. They fall upon the person requesting service. His inability to do so. Not - 574 - Civil Procedure deemed force majeure. - Determining the existence of a domicile or workplace and whether it is single or multiple. A factual matter independently determined by the trial judge. The condition therefor. - Service of judicial documents upon the Public Prosecution. An exceptional method. Its condition. - Assessing the adequacy of inquiries preceding service upon the Public Prosecution. A matter of fact independently determined by the trial court, provided its ruling rests upon grounds justifying it. - Establishment that the respondent bank knew the appellant’s domicile and directed service to another domicile where he did not reside, then to his workplace, without undertaking the searches and inquiries required by the circumstances. Its effect. Service of the statement of claim upon the Public Prosecution is void and without effect and does not constitute the proceedings. This procedure remaining until judgment is rendered in his absence. Its implication. Nullity of the judgment. The action must be remitted to the court of first instance for determination anew. Article 135 bis of the Code of Civil Procedure.