Kuwait Court of Cassation principle number 430

Appeal against an auction-award judgment. When permissible for a defect in the bidding procedures or in the form of the judgment, or because it was issued without staying proceedings where their stay is legally mandatory. The basis for this. Article 277 of the Civil Procedure Code. - The appellant's request to the sales judge to stay the sale procedures because the attached property is not legally attachable, and his submission of a copy of the statement of claim seeking to disregard the attachment and a copy of the judgment granting his claims therein, which is enforceable by operation of law immediately upon issuance, entailing the cessation of the attachment and its effects. The effect of this. The sale must be stayed in compliance with that judgment. The challenged judgment's conclusion rejecting the appellant's objection and continuing the sale procedures despite the requirement to stay them constitutes one of the cases in which an appeal against an auction-award judgment is permissible. The challenged judgment's departure from this view and its ruling that the appeal is impermissible. Vitiates it.