Kuwait Court of Cassation principle number 621

Constitution of the proceedings in an action, appeal, or cassation appeal. Its condition. They must be brought through valid procedures and the litigant must have capacity to litigate. Nullity resulting from failure to observe this. A recurring nullity that may be pleaded at any stage of the action. - A litigant’s capacity to litigate. Its basis. The establishment of legal personality, whether a natural or juridical person. Absence of capacity to be a party to proceedings. Effect thereof. Nullity of the action or appeal. This nullity relates to public policy. - A sole proprietorship. It does not enjoy juridical personality, is not capable of acquiring rights and assuming obligations, and has no capacity to be a party to proceedings. Who sues and is sued on its behalf. Its owner, as it forms part of his patrimony. An appeal brought by it. Void.