Kuwait Court of Cassation principle number 49

Valid constitution of litigation. Its condition. It must be instituted through valid procedures and the litigant must have capacity to litigate. This must be satisfied at all stages of the action. The reason for that. Nullity of litigation procedures for lack of capacity. A recurring nullity attaching to them at all stages, which may be pleaded at any stage of the action and which the court declares of its own motion. Its effect. - Acts of a person lacking discernment that involve both benefit and detriment. Their meaning. Those under which a person takes and gives, irrespective of the extent of the benefit or loss personally accruing to him. Its consequence. A person lacking discernment bringing a challenge, and a challenge being brought against him without joining his legal representative. Its effect. Its nullity because litigation was not constituted.