Kuwait Court of Cassation principle number 266

Summary: - Petition for cassation. It must contain the names of all parties who must be joined. Article 153/2 of the Law of Procedure. Rule: The purport of the provision of the second paragraph of Article 153 of the Law of Procedure—which appears in the chapter concerning appeals in cassation and requires the appeal petition to contain the names of all parties who must be joined—and as established in the jurisprudence of this Court, is that if the appellant omits to join some of the parties in whose favour the challenged judgment was rendered, his appeal is void. Since the cassation petition did not join the Undersecretary of the Ministry of Justice, in his official capacity, as the party in whose favour judgment was rendered in respect of the appellant’s request to obtain a certificate of heirs for his father, the appeal in cassation concerning this request is therefore void.