Kuwait Court of Cassation principle number 1382

Litigation in an action can exist only between living persons. An action brought against a deceased person is deemed nonexistent, produces no effect, and cannot be cured by any other procedure, even if the plaintiff was unaware of the death. Example. Nonexistence of the litigation for this reason. Its necessary consequence. The Court of Appeal must confine itself to declaring nullity without adjudicating the litigation. The reason therefor. The judgment’s disregard of the cross-appeal after declaring nullity. Does not vitiate it.