Kuwait Court of Cassation principle number 669

A litigant's capacity to litigate. Its criterion. The existence of his legal personality, whether a natural or juridical person. The implication of this. It is not a condition for the admissibility of the action but rather a condition for the validity of its proceedings. - Absence of litigation capacity in the person who instituted the action or the person against whom it was instituted. Its effect. Nullity of the litigation proceedings, and the plea is one of nullity, not non-existence. - Nullity of the litigants' proceedings due to the lack of litigation capacity of some litigants therein. Does not render the judgment issued in the action non-existent unless its nullity is adjudged through a challenge by one of the legally prescribed means of challenge. Expiry of the time limits for challenge, a ruling that it is inadmissible, or the judgment being unchallengeable by that means. Its effect. Its acquisition of the force of res judicata. Example.