Kuwait Court of Cassation principle number 2303

The independent content of a legal provision. Does not isolate it from the other provisions all united by the same subject matter. It must be interpreted in conjunction with them, understanding its meaning in a manner that establishes harmony and avoids conflict, and viewing them as a single cohesive whole whose parts complement one another without diverting them from their intended purpose. The implication: provisions are not understood in isolation from one another; rather, the meaning of any one of them is derived in light of the comprehensive meanings conveyed by the other provisions. - Service of the judgment document that starts the time limit for challenging it in cases where this time limit begins with service. Must be effected on the person against whom judgment was rendered personally, or at his original domicile or place of work. Exclusion of elected domicile in this regard. - Article 129 of the Procedure Law. Its failure to regulate the manner of serving the judgment document, its time limits, the rules governing its validity so that it produces its legal effect, and the sanction for their violation, and its absence of provisions regulating service of the judgment on a person against whom it was rendered who has no known domicile or place of work. Its implication and necessary consequence. Recourse to the general rules for service of judicial documents, the judgment document being one of them. - Service of the judgment document in accordance with the general rules. Its purpose is that the intended recipient acquire legal knowledge thereof. The implication: the rule is to deliver a copy of the document to him personally. Where this is impossible. It may be delivered to someone who states at the original domicile that he is his agent, works in his service, or resides with him as a spouse, relative, or relative by marriage, or to someone who states at the workplace that he is responsible for managing that workplace or works there. Where none of these persons to whom the copy may validly be delivered is present, or a person present refuses to receive it or to sign the original acknowledging receipt. The person effecting service must deliver the copy on the same day to the officer in charge of the police station, or his substitute, within whose - 382 - Procedure district the recipient's domicile or workplace falls, as applicable, and send a registered letter to the intended recipient at his domicile or workplace within twenty-four hours, enclosing a copy of that copy and notifying him that the first copy has been delivered to the police station. This latter method may be used only as a supplementary step, not initially or independently. - All steps taken to effect service must be stated in the original service document and its copy. Completion of the document serving the judgment in this manner. Its effect. Creation of a legal presumption whereby the apparent position is that the person against whom judgment was rendered has legal knowledge of the judgment document, starting the time limit for challenge. An allegation by that person contrary to this apparent position. He bears the burden of proving that the service procedures failed to achieve their purpose for a reason not attributable to his act or default.