Kuwait Court of Cassation principle number 55

Constitution of litigation. The condition for its validity. It must originate from a litigant or be directed against a litigant having capacity to litigate, whether upon commencement of the litigation or upon appeal against the judgment rendered therein. Absence of that. Its effect. Nullity of the proceedings in the action. This relates to public order. - The challenged judgment's conclusion that the female deceased lacked capacity to enter into legal transactions and capacity to litigate owing to a supervening condition that deprived her of consciousness and comprehension. Its consequent finding that the power of attorney issued to her son, under which he brought that action, was nonexistent and that its proceedings were absolutely void. No defect. The heirs' continuation of the litigation after her death. Does not validate its proceedings.