Kuwait Court of Cassation principle number 3430

Lodging the appeal petition with the Registry. Its effect. It must be served upon the respondent within thirty days for the adversarial proceedings to be constituted. Delay in service beyond that time limit gives rise to the respondent's right to request that the appeal be deemed never to have existed if the delay is attributable to an act of the appellant, intentionally or negligently. Assessment of whether to impose this sanction and whether the conditions for its imposition are satisfied. For the court of merits. - Delivery of the petition by the plaintiff or appellant to the process server. Insufficient to negate delay on his part. He must follow up on that to take the necessary steps to facilitate service procedures. Example.