Kuwait Court of Cassation principle number 623

Constitution of litigation. The condition for its validity: that it be instituted through valid procedures and that the party have capacity to litigate. This must be present at all its stages. The reason therefor. Invalidity of litigation procedures for lack of capacity is a recurring invalidity. It may be pleaded at any stage of the action. The criterion for capacity to litigate. Absence of capacity. Its effect. Invalidity of the action or appeal. This relates to public policy. - A legal person. What is required for its creation. - A sole proprietorship. It has no capacity to be a party to litigation. Its owner conducts litigation concerning it.