Kuwait Court of Cassation principle number 3470

Disputes concerning grounds of objection to the conditions of sale, as well as those concerning procedures preceding the sale hearing, such as the invalidity of attachment of the real property or of the enforceable instrument pursuant to which enforcement is undertaken. They must be raised by an originating action before the court having jurisdiction over enforcement disputes at least ten days before the date of the sale hearing. Failure to do so. Its effect. Forfeiture of the right to raise them. Article 271/4 of the Civil Procedure Law. The challenged judgment's departure from this view, concluding that this time limit is not a condition for admitting an action for invalidity of attachment and that failure to observe it is confined to forfeiture of the right to raise the objection before the sales judge. An error requiring its cassation. - 589 - Civil Procedure