Kuwait Court of Cassation principle number 617

Constitution of proceedings in an action, appeal or cassation appeal. Its condition. That they be instituted through valid procedures and that the party have capacity to litigate. Nullity resulting from non-observance thereof. Recurring nullity that may be pleaded at any stage of the action. - A party's capacity to litigate. Its criterion. The existence of legal personality, whether a natural or juridical person. Absence of capacity to be a party to proceedings: its effect. Nullity of the action or appeal. This nullity relates to public policy. - The two elements of the creation of a juridical person. - A sole proprietorship. It does not possess legal personality. It has no capacity to acquire rights and assume obligations, nor capacity to be a party to proceedings. The person who sues and is sued on its behalf is its owner, as it forms part of his patrimony. An appeal brought by it. Void.