Kuwait Court of Cassation principle number 684

Valid constitution of proceedings. Its condition: that they emanate from a party or be directed against a party possessing capacity to be a party to proceedings and to litigate, both at their commencement and upon appeal against the judgment rendered therein. The reason: the nullity of proceedings for lack of capacity is recurring and affects the proceedings at all stages. It may be pleaded at any stage of the action. - Capacity. Its criterion: the existence of legal personality in the party, whether a natural or juridical person. Its absence. Its consequence: absolute nullity of the proceedings, relating to public policy. - 137 - Civil Procedure