Kuwait Court of Cassation principle number 3256

The sanction of deeming the appeal as never having been brought, which the court may impose in the event of delay in serving the notice of appeal, is conditional on that delay being attributable to the appellant’s act. Its attribution to another cause. No basis for imposing the sanction. The appellant’s defense denying delay because the service department informed him that service had been completed, and his request that the relevant register be added to the case file. The judgment’s failure to examine this defense. Vitiates it and necessitates its cassation.