Kuwait Court of Cassation principle number 1767

Commencement of the time limit for challenging a judgment. The general rule. From the date of its pronouncement. The exception: from the date of service of the judgment. The cases covered by this exception include cases in which the party against whom judgment was rendered failed to appear and to submit a memorandum of defense at all hearings following the relisting of the action after its sequential progress had ceased. - Attendance by the party against whom judgment was rendered at all hearings until issuance of a judgment appointing an expert, the continued progress of the appeal until the expert submitted his report, and notification of both parties by the court registry. The appellant’s failure to appear despite personal service upon him until the Court of Appeal ruled on the merits. The time limit for challenging the judgment runs from the date of its issuance. - 282 - Civil Procedure - Failure to observe the time limits for a cassation appeal. Its effect. Forfeiture of the right thereto. This concerns public policy. Its import. The court must rule of its own motion that the right thereto has been forfeited.