Kuwait Court of Cassation principle number 674

The constitution of proceedings. The condition for its validity. They must be brought by or directed against a party possessing capacity to litigate, whether upon commencement of the proceedings or appeal against the judgment rendered therein. Absence thereof. Its effect. Nullity of the proceedings in the action. This relates to public policy. - 150 - The right - The challenged judgment's conclusion that the female deceased lacked capacity to enter into legal transactions and capacity to litigate because of a condition that deprived her of consciousness and understanding. Its consequent determination of the nonexistence of the power of attorney issued to her son, pursuant to which he brought that action, and the absolute nullity of its proceedings. No defect. The heirs' continuation of the proceedings after her death. Does not cure the proceedings.