Kuwait Court of Cassation principle number 2222

Lack of capacity to litigate in the person who conducted the action or the person against whom it was conducted. Its consequence. Nullity of the litigation proceedings, and the plea is one of nullity, not non-existence. - Examination of a defect in a judgment is precluded except through challenging it by the appropriate means of challenge, not through an original action for its nullity. The exception. The judgment's lack of its essential elements. - The defect alleged against the judgment being incapable of constituting a ground for its non-existence. Its sanction is nullity, not non-existence. - Nullity of litigation proceedings because some litigants therein lack capacity to litigate. Does not render the judgment issued in the action non-existent unless its nullity is adjudged upon a challenge through one of the legally prescribed means of challenge. Expiry of the time limits for challenge, a ruling that the challenge is inadmissible, or the judgment being incapable of such challenge. Its consequence. Its acquisition of the force of res judicata. Example. - 368 - Civil Procedure