Kuwait Court of Cassation principle number 2073

Constitution of litigation. The condition for its validity. It must be instituted through valid procedures and the litigant must have capacity to litigate. This must obtain at all its stages. The reason: nullity of litigation proceedings for lack of capacity is a recurring nullity. It may be pleaded at any stage of the action. The criterion for capacity to litigate. Absence of capacity. Its consequence. Nullity of the action or challenge. This concerns public policy. - A sole proprietorship. Lacks capacity to be a party to litigation. Its owner conducts litigation concerning it. - 339 - Civil Procedure