Kuwait Court of Cassation principle number 3438

Deeming an appeal as never having been brought owing to the appellant’s delay in duly serving its petition within thirty days from its filing date. Ruling to that effect. Discretionary for the court. The condition therefor. - Service of the appeal petition upon the respondent before expiry of the legally prescribed period precludes imposition of the sanction of deeming it as never having been brought. A judgment contrary thereto is defective. Example.