Kuwait Court of Cassation principle number 2220

Non-existence of a judgment. Its condition: its being devoid of its essential elements. A defect alleged against a judgment that cannot serve as a ground for its non-existence. Its consequence, if substantiated, is nullity of the judgment. The grounds of defect affecting it may not be examined except by challenging them through the appropriate avenues of appeal. - Capacity to litigate. Its criterion. The existence of legal personality of the party. Its being regarded as a condition for the validity of the procedures, not a condition for admissibility of the action. Absence of capacity to litigate in the person against whom the action was brought. Its effect. Nullity of the proceedings, not their non-existence. The plea of nullity. It must be raised by challenge through the appropriate avenue of appeal. - Failure to represent the second appellant in the proceedings and his father’s representation of him despite his having attained the age of majority. Its effect. Nullity of the proceedings, not their non-existence. The challenged judgment’s conclusion dismissing the action for its non-existence on the basis that the means of remedying the nullity affecting it is to appeal against it through the appropriate avenue. Correct.