Kuwait Court of Cassation principle number 3097

The law making the commencement of a time limit dependent upon a particular procedure. Its effect. That procedure may not be replaced by any other procedure. The consequence of this. Proof that the person to be served has inspected the judgment or learned of it by any other means, even if conclusive, does not substitute for service of the judgment that commences the time limit for appeal. An assertion that the purpose of service has been achieved through proof of actual knowledge of the judgment. Insufficient. The reason for this. Achievement of the purpose suffices only where there is an invalid procedure; a nonexistent procedure, however, cannot be rectified. - Establishment that the appellant did not attend any appeal hearing or submit a memorandum of defence, and absence from the papers of anything showing lawful service of the judgment on him. Its effect. The avenue of appeal by cassation remains open, and this is not affected by his actual knowledge of the judgment through his pursuing a petition for reconsideration of it, since that does not dispense with the requirement to serve it on him.