Kuwait Court of Cassation principle number 2470

Litigation in an action is constituted only between living persons. An action brought against a deceased person is deemed nonexistent, produces no effect, and cannot be rectified by any other procedure, even if the plaintiff was unaware of his death. Example. Nonexistence of the litigation for this reason. Its necessary consequence. The Court of Appeal must confine itself to declaring nullity without adjudicating the litigation. The reason for this. The judgment’s disregard of the subsidiary appeal after declaring nullity. It does not vitiate it.