Kuwait Court of Cassation principle number 658

Non-existence of a judgment. Its condition: its lack of its essential elements. A defect alleged against the judgment that does not constitute a ground for its non-existence. Its consequence, if established, is the nullity of the judgment. The defects affecting it may not be examined except by seeking redress through the appropriate methods of challenge. - Capacity to litigate. Its criterion. The established legal personality of the litigant. It is considered a condition for the validity of proceedings, not a condition for the admissibility of the action. Lack of capacity to litigate in the person against whom the action was brought. Its effect. Nullity of the litigation proceedings, not their non-existence. A plea of nullity. Must be raised by seeking redress through the appropriate method of challenge. - The second appellant not being represented in the litigation and his father representing him despite his having attained the age of majority. Its effect. Nullity of the litigation proceedings, not their non-existence. The challenged judgment's conclusion dismissing the action seeking a declaration of its non-existence on the basis that the means of remedying the nullity affecting it is to challenge it by the appropriate method. Correct.