Kuwait Court of Cassation principle number 623

Capacity to litigate. Its existence is a condition for conducting litigation. Proceedings instituted by a person lacking capacity. Void with a recurring nullity affecting all their stages, which the court declares of its own motion. - Capacity to litigate. It is vested in natural persons and legal persons. - How a legal person comes into existence through its substantive and incorporeal elements. - A sole proprietorship is not a legal person. Its lodging an appeal without coupling its name with its owner's name or disclosing him in the petition. Its effect. Nullity of the petition and consequently nullity of the appeal. An example. - 140 - Right