Kuwait Court of Cassation principle number 750

Valid constitution of proceedings. Its condition. Both parties must have the capacity to be parties and to litigate. This extends to all stages of the action because the nullity of proceedings for lack of capacity recurs and may be pleaded at any stage of the action. - The criterion for capacity is the existence of legal personality in the party, whether a natural or legal person. - Absence of capacity to be a party in the party to the action the appeal renders its proceedings absolutely void on grounds pertaining to public policy. Example concerning the nullity of proceedings brought against a sole proprietorship lacking legal personality rather than its owner. - 165 - Right