Kuwait Court of Cassation principle number 3046

The sanction of deeming the appeal never to have been brought, which the court may impose in the event of delay in serving the appeal petition, is conditional upon that delay being attributable to the appellant's act. Its being attributable to another cause. No scope for imposing the sanction. The appellant's defence denying delay because the Service Department informed him that service had been completed, and his request to obtain the relevant register. The judgment's failure to accede to his request. Renders it defective and requires its cassation.