Kuwait Court of Cassation principle number 3158

Service upon a private legal person. Its copy is delivered at its administrative headquarters, otherwise it is void. Article 1 of the Code of Civil Procedure. - Identifying the location of a commercial company’s administrative headquarters. Its manner: from the particulars recorded in its published memorandum of incorporation and contained in the application submitted for registration in the commercial register at the Ministry of Commerce. Article 192 of the Companies Law. - The judgment’s inference of the respondent company’s domicile and administrative headquarters from a photocopy of an industrial establishment licence that amounts only to a statement of the location of a factory licensed to the company, without itself indicating its principal headquarters, and its consequent upholding of the plea of nullity of the appealed judgment for nullity of service of the statement of claim at premises belonging to the company, service which produced its effect through the respondent’s appearance and request for time to submit memoranda without challenging it on any ground. This vitiates it and requires its cassation.