Kuwait Court of Cassation principle number 4036

The sanction of deeming the appeal as if it had not been, which the court may impose in the event of delay in serving the statement of appeal, is contingent upon that delay being attributable to the appellant’s act. Its being attributable to another cause. No scope for imposing the sanction. The appellant’s defense denying delay because the service department informed him that service had been completed, and his request to have the relevant register joined to the file. The judgment’s failure to grant his request. Renders it defective and requires its cassation.