Kuwait Court of Cassation principle number 619

Capacity to litigate. Its existence is a condition for the validity of the proceedings. Proceedings instituted by a person lacking capacity. Void with a recurring nullity that affects them at all their stages. The court rules on it of its own motion. - Capacity to litigate. It is established for natural persons and legal persons. - How a legal person comes into existence through its substantive and moral elements. - A sole proprietorship is not a legal person. Its filing of an appeal without coupling its name with the name of its owner and disclosing him in the petition. Its effect. Nullity of the petition and, consequently, nullity of the appeal. Example.