Kuwait Court of Cassation principle number 2608

Statement of appeal. It produces its effects from the date of its filing with the Registry. It must be served on the respondent for proceedings to be constituted between its two parties, to give effect to the principle of adversarial proceedings between litigants, within thirty days from the date of its filing. Delay in doing so. Its effect. The respondent may request that the appeal be deemed as never having been brought if the delay is attributable to the appellant's act. - The thirty-day time limit prescribed in Article 137 of the Law of Procedure. A time limit for appearance. The implication. Appearance of the respondent who was summoned after the specified time limit does not extinguish his right to request imposition of the sanction of deeming the appeal as never having been brought, and Article 80 of the Law of Procedure, providing for the curing of nullity of service of statements of claim by appearance, does not apply to it. - Service at the elected domicile. Its criterion. The litigant's designation of an elected domicile in the document serving the judgment - 439 - Procedure revealing his wish to that effect. - Service on the female respondent at a lawyer's office as her elected domicile despite the absence of evidence that she had designated it as her elected domicile. Its effect. Nullity of service, which produces no effect, and she may plead that the appeal be deemed as never having been brought for failure to serve it within the time limit.