Kuwait Court of Cassation principle number 3308

Litigation in an action can only be constituted between living persons. An action brought against a deceased person. It is deemed nonexistent, produces no effect, and cannot be cured by any other procedure, even if the plaintiff was unaware of the death. Example. The nonexistence of litigation for this reason. Its necessary consequence. The Court of Appeal must confine itself to declaring invalidity without determining the litigation. Reason for this. The judgment's disregard of the incidental appeal after declaring invalidity. Does not vitiate it.