Kuwait Court of Cassation principle number 3047

The sanction of deeming the appeal as never having been brought. The court may impose it in the event of delay in serving the notice. The condition for applying it. The delay must be attributable to the appellant’s act. Its being attributable to another cause. No scope for imposing the sanction. - Establishment that an entry was made in the service register that the original notice of appeal had been served, although it had been returned unserved. This constitutes an acceptable justification for the appellant to cease pursuing service, and the delay in service is not attributable to his act.