Kuwait Court of Cassation principle number 4107

Issuance of a judgment in a litigant's absence without service of the statement of claim upon him, or with service at a fictitious domicile. Deprives it of one of its essential elements. The implication: it has no res judicata effect. It may be disregarded or denied, or its nonexistence may be invoked. - A material claim or defense presented by a litigant expressly and unequivocally, or his reliance in his defense on papers or documents significant to establishing or negating his defense. The court must address it by setting it out and answering it. Failure to do so invalidates the judgment. - 759 - Civil Procedure