Kuwait Court of Cassation principle number 3062

Appeal petition. Its production of its effects from the date of its filing with the Registry. It must be served on the respondent for proceedings to be constituted between its parties, in fulfilment of the principle of confrontation between litigants, and this - 585 - Procedure within thirty days from the date of its filing. Delay in this. Its effect. The respondent may request that the appeal be deemed never to have been brought if the delay is attributable to the appellant's act. - The thirty-day time limit prescribed by Article 137 of the Code of Procedure. A time limit for appearance. Its implication. Appearance by the respondent who was summoned to appear after the specified time limit does not extinguish his right to imposition of the sanction of deeming the appeal never to have been brought, and Article 80 of the Code of Procedure, concerning the curing of nullity of service of statements of claim by appearance, does not apply to him. - Service at an elected domicile. Its prerequisite. The litigant's adoption of an elected domicile in the document serving the judgment, disclosing his wish to that effect. - Service on the respondent at a lawyer's office as her elected domicile despite the absence of evidence that she adopted it as her elected domicile. Its effect. Service is void and produces no effect, and she may plead that the appeal be deemed never to have been brought for failure to serve it within the time limit.