Kuwait Court of Cassation principle number 4058

The attached debtor’s request to lift attachment of the debtor’s assets held by third parties, by an action before the competent court hearing the merits, to remove the attachment and its effects and enable him to receive the attached property from the garnishee, on account of a defect invalidating the attachment or rendering it as though it had not occurred. Its distinction from an application to disregard the attachment brought as an interim action before the urgent jurisdiction. Its implication. The judgment issued by the court of first instance in the attached debtor’s action seeking to lift and cancel the attachment, being a substantive claim, is not subject to the fifteen-day time limit prescribed for appealing judgments issued in urgent matters. The judgment’s departure from this and its ruling that the appellant’s right to appeal had lapsed because the appeal was filed out of time, on the basis that it was issued in an urgent matter. A violation of the law and an error in its application requiring its cassation.