Answer: Yes, it is possible, subject to certain conditions.
According to Article 86 of Federal Decree-Law No. 42 of 2022 (Civil Procedure Code), objections to procedural violations that are not related to public order must be raised:
- either in the party’s first procedural submission in the case,
- or included in the appeal petition.
However, in cases concerning an improper method of announcing a court judgment, such a violation is considered one that protects the rights of the party (rather than public order). Therefore, a party who did not participate in the hearings of the court of first instance may raise this objection in the appeal — provided it is included either in the text of the appeal or in an additional submission thereto.
This was exactly the situation in Commercial Appeal Case No. 1314 of 2024 (hearing of 4 February 2025):
- the defendant did not participate in the hearings of the first instance and was not properly notified of the judgment; instead, it was announced by public notice, which is an exc...