Kuwait Court of Cassation principle number 3977

Enforcement procedures. A condition of their validity: they must be preceded by service of the enforceable instrument upon the debtor, and the service document must contain a statement of what is demanded and a demand that he perform. Article 204 of the Civil Procedure Law. - Procedures for attachment of real property. Their nature. Articles 263, 264, 265 of the Civil Procedure Law. - The attaching bank’s taking the preliminary enforcement steps for attachment against the Kuwait Investment Authority in its capacity as administrator of the debtor’s bankruptcy estate and submitting the attachment application against the Authority in the same capacity. Its effect: validity of the procedures. This is not altered by its service of the enforceable instrument upon the debtor and mention of his name in the attachment application. The reason therefor. This is regarded as surplusage that does not affect the soundness of the procedures. - The attachment report supplements the particulars in the attachment application and reveals the identity of the party with standing. Its implication: inclusion of the debtor’s name rather than the bankruptcy administrator’s in the attachment report. No error. - The judgment’s statement that the enforcement officer erred in recording the particulars of the attachment report and was inaccurate in transcribing the particulars of the attachment application into the report by omitting the bankruptcy administrator’s name. Constitutes findings surplus to - 695 - Civil Procedure its needs, and it stands without them.