Kuwait Court of Cassation principle number 3426

A judgment deeming the action or appeal as never having been brought because of the plaintiff’s or appellant’s delay, intentionally or negligently, in serving the statement of claim or statement of appeal upon his opponent. Imposition of this sanction is discretionary for the court. The condition for applying it. - Assessing whether to impose the sanction of deeming the action or appeal as never having been brought for failure to complete service within - 653 - Civil Procedure its time limit. Within the trial court’s unfettered discretion.