Kuwait Court of Cassation principle number 1367

Valid constitution of litigation. Its condition. Both parties must possess capacity to be parties and to litigate. This encompasses all stages of the action, because the nullity of litigation procedures for lack of capacity recurs and may be pleaded at any stage of the action. - The criterion for capacity is the establishment of the party’s legal personality, whether a natural or juridical person. - Selection of capacity to be a party in a party to the action and the appeal renders their procedures absolutely null, as a matter of public policy. Example concerning nullity of litigation brought against a sole proprietorship lacking juridical personality rather than against its proprietor.