Kuwait Court of Cassation principle number 3076

Service of judicial documents on the Public Prosecution. An exception. Resorting to it. Its condition: conducting - 588 - Procedure sufficient inquiries to ascertain the residence of the person to be served. The return of the document unserved is insufficient to resort to this exceptional method. - Assessment of the inquiries preceding service on the Prosecution. A matter for the court of fact. Its condition. - The process server’s proceeding to the respondent’s residence to serve him, recording that he had left the dwelling, and subsequently effecting service upon the Public Prosecution at the appellant’s responsibility on the basis that his address was unknown, without conducting sufficient inquiries to ascertain the residence of the person to be served. Its effect: invalidity of service, and it does not start the time limit for challenging the payment order.