Kuwait Court of Cassation principle number 4108

Appeal against a judgment awarding an auction sale. When permissible: for a defect in the bidding procedures or in the form of the judgment, or because it was issued without staying proceedings in a case where their stay is legally mandatory. The basis for this. Article 277 of the Law of Procedure. - The appellant's request to the sales judge to stay the sale proceedings because the attached real 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 issued therein granting his requests, which is a judgment enforceable by operation of law immediately upon issuance, entailing the extinguishment of the attachment and its effects. The effect of this. 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. This constitutes one of the cases in which appeal against the judgment awarding an auction sale is permissible. The challenged judgment's departure from this view and ruling that an appeal against it is impermissible. Renders it defective.