Kuwait Court of Cassation principle number 668

A party’s capacity to litigate. Its criterion. The establishment of his legal personality, whether a natural or - 133 - Procedure juridical person. The implication of that. It is not a condition for the admissibility of the action, but a condition for the validity of its proceedings. - Lack of capacity to litigate in the person who initiated the action or against whom it was initiated. Its effect. Invalidity of the proceedings in the litigation, and the plea is one of invalidity, not nonexistence. - Invalidity of the proceedings in the litigation for lack of capacity to litigate on the part of some parties thereto. It does not render the judgment issued in the action nonexistent unless its invalidity is adjudged upon a challenge by one of the legally prescribed means of challenge. Expiry of the time limits for challenge, a ruling that it is inadmissible, or the judgment’s not being susceptible to that challenge. Its effect. Its acquisition of the force of res judicata. Example.