Kuwait Court of Cassation principle number 3225

The validity of service of an appeal at an elected domicile depends on the party having designated it as an elected domicile in the document serving the judgment. - What matters in service is the actual delivery of a copy to the person to be served. The date of submitting the service document to the authority responsible for service and the process server's receipt of it is immaterial. Refusal by the person addressed to receive a copy of the service document. The copy must be delivered on the same day to the officer in charge of the police station or the person acting in that capacity, and a registered letter must be sent by post to the serving party at his domicile, workplace, or elected domicile within 24 hours of delivery of the copy to the police station. - The process server's merely recording the refusal of the person addressed to receive a copy of the service document. Effect. Service is not completed. - The plaintiff or appellant, even after delivering the statement of claim or appeal and its copies to - 544 - Civil Procedure the process server, has a duty to continue following up the proceedings in his action and to take legally appropriate measures. The effect of his neglecting this or adopting a passive stance. Failure to complete service within its time limit is attributable to his act. - The Court of Appeal may, at the respondent's request, rule that the appeal is deemed never to have been brought. Its condition. Failure to serve the statement of appeal on the respondent within thirty days from the date of submitting it to the Registry, and the delay being attributable to the appellant's act. - Assessment of the imposition of the sanction of deeming the appeal never to have been brought. A factual matter within the exclusive discretion of the court of merits, provided it bases its judgment on tenable reasons.