Kuwait Court of Cassation principle number 984

Non-existence of a judgment. Its condition: its being devoid of its fundamental elements. A defect alleged against a judgment that does not constitute grounds for its non-existence. Its consequence, if established, is the nullity of the judgment. The grounds of defects affecting it may not be examined except by seeking redress through the appropriate avenues of challenge. - Capacity to litigate. Its criterion. The establishment of the party's legal personality. It is considered a condition for the validity of procedures, not a condition for the admissibility of the action. Absence of capacity to litigate in the person against whom the action was instituted. Its effect. Nullity of the proceedings, not their non-existence. A plea of nullity. It must be raised by seeking redress through the appropriate avenue of challenge. - The second appellant's not being represented in the proceedings and his father representing him despite his having reached the age of majority. Its effect. Nullity of the proceedings, not their non-existence. The challenged judgment concluding that the action seeking a declaration of its non-existence should be dismissed on the basis that the means of remedying the nullity affecting it is to challenge it through the appropriate avenue. Correct. 6- Prohibiting a judge from hearing an action – disqualification:-