Kuwait Court of Cassation principle number 1004

Constitution of proceedings in an action, appeal or cassation appeal. Its condition is that they be instituted through valid procedures and that the party have capacity to litigate. The nullity resulting from failure to observe this. A recurring nullity that may be pleaded at any stage of the action. - A party's capacity to litigate. Its criterion. The establishment of his legal personality, whether a natural or legal person. Absence of capacity to be a party to proceedings. Its effect. Nullity of the action or appeal. This nullity concerns public policy. - A sole proprietorship. It does not enjoy legal personality, has no capacity to acquire rights and bear obligations, and has no capacity to be a party to proceedings by whoever sues and is sued on its behalf. Its owner, as it is a part of him his financial patrimony. An appeal brought by it is void.