Kuwait Court of Cassation principle number 3918

Nullity of enforcement if it is not preceded by service of the enforcement instrument in the manner prescribed by law. Article 204 of the Procedure Law. This does not preclude declining to rule on nullity, notwithstanding its express prescription, if the procedure caused no prejudice to the party. Article 19 of the same Law. - Service of the enforcement instrument on the debtor. Its purpose. Informing him of the creditor's right to compulsory enforcement and its extent, and enabling him to monitor the creditor's exercise thereof, object to it, or pay voluntarily to avoid enforcement proceedings. Its implication. The prejudice resulting from invalid service of the enforcement instrument on the debtor arises only where he has no knowledge of it before enforcement begins, thereby preventing him from contesting enforcement. Its effect. The debtor's knowledge of the invalid service and his promptly contesting enforcement before it begins. No basis for a ruling of nullity. Departure from this. An error in applying the law requiring cassation of the judgment. - Sales judge:-