Kuwait Court of Cassation principle number 3242

Nullity of service of statements of claim and summonses arising from a defect in service. Its cure by the appearance of the person served at the hearing specified in the notice or by filing a memorandum of his defence. The reason therefor: achievement of the purpose of the void document and treating the party’s appearance as a waiver of reliance on its nullity. - Constitution of proceedings on appeal, by which the principle of adversarial confrontation between the parties is achieved. Its manner: valid service of its statement on the appellee within thirty days from the date of filing it. Delay therein attributable to the appellant. Its effect. The appellee may request that the appeal be deemed as if it had never been. Ruling to that effect. Discretionary for the court. - 618 - Civil Procedure