Kuwait Court of Cassation principle number 3887

Appeal against the 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 rendered without staying the proceedings in a case where their stay is legally mandatory. The basis for this. Article 277 of the Procedure Law. - The appellant's request to the sales judge to stay the sale proceedings because the attached property is legally exempt from attachment, and his submission of a copy of the statement of claim seeking to disregard the attachment and a copy of the judgment rendered therein granting his requests, which is enforceable by operation of law immediately upon its issuance, entailing the extinguishment of the attachment and its effects. The consequence thereof. The sale must be stayed in compliance with that judgment. The challenged judgment's conclusion rejecting the appellant's objection and continuing the sale proceedings despite the obligation to stay them constitutes one of the cases in which an appeal against the judgment awarding the auction sale is permissible. The challenged judgment's departure from this view and ruling that an appeal against it is impermissible vitiate it.