Kuwait Court of Cassation principle number 3445

Ruling that an action or appeal is deemed never to have existed. Discretionary for the court. The basis therefor. - The respondent's failure to specify his original domicile in his statement of claim before the court of first instance, without that domicile being apparent from the case papers. Its effect: permissibility of serving the appeal petition at his last elected domicile. Failure to complete such service within the time limit. Does not constitute delay attributable to an act of the appellant. Rejection of the plea that the appeal be deemed never to have existed. No defect.