Kuwait Court of Cassation principle number 757

Constitution of proceedings. The condition for its validity. Their institution through valid procedures and the party's having capacity to litigate. This must exist at all stages thereof. The reason therefor: nullity of the proceedings for lack of capacity. A recurring nullity. - 166 - Right It may be pleaded at any stage of the action. The criterion for capacity to litigate. Cessation of capacity. Its effect. Nullity of the action or appeal. This pertains to public policy. - A legal person. What is required for its coming into existence. - A sole proprietorship does not have capacity to be a party to proceedings. Its owner conducts proceedings concerning it.