Kuwait Court of Cassation principle number 2583

Filing the statement of appeal with the Registry. Its effect. Its effects take effect. Service thereof on the respondent. Its effect. Absence of proceedings between its two parties. The time limit for service. Delay in service caused by the appellant intentionally or negligently. Its effect. A ruling deeming the appeal as never having been brought, at the respondent's request. The latter's appearance does not extinguish his right to request imposition of the sanction. The reason for this. - Assessment of whether to impose the sanction of deeming the appeal as never having been brought for failure to serve its statement within the prescribed time limit falls within the authority of the court of the merits, provided it is reasonable. - 434 - Procedure