Kuwait Court of Cassation principle number 2700

Appeal against a judgment awarding the auction sale. When permissible: for a defect in the bidding procedures or in the form of the judgment, or because it was delivered without staying proceedings in a case where a stay is legally mandatory. The basis for this. Article 277 of the Civil Procedure Law. - The appellant’s request to the sales judge to stay the sale procedures because the attached property is legally insusceptible to attachment, and his submission of a copy of the statement of claim in an action seeking to disregard the attachment and a copy of the judgment delivered therein granting his claims, which is a judgment effective by operation of law immediately upon its delivery, necessarily entailing the extinction 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 obligation to stay them constitutes one of the cases in which a judgment awarding the auction sale may be appealed. The challenged judgment’s departure from this view and its ruling that the appeal is impermissible. This vitiates it. - 456 - Civil Procedure.