Kuwait Court of Cassation principle number 281

Summary: - The capacity of the parties in the action. The Civil and Commercial Procedure Law does not require it to be stated in a particular place in the statement of claim, it being sufficient that the statement contain, anywhere therein, an indication of that capacity. Example. Rule: The Civil and Commercial Procedure Law does not require the capacity of the parties to be stated in a particular place in the statement of claim, it being sufficient that the statement contain, anywhere therein, an indication of that capacity. It was apparent from the papers that the first respondent brought a civil claim against the appellant and the second respondent before the criminal court. After it referred his civil claim, he expressly stated in the body of his statement amending his claims before the court of first instance the appellant’s capacity as editor-in-chief of the newspaper .... and that he authorized publication of the article in respect of which compensation is sought. As the appealed judgment ultimately rejected this plea, this Court upholds its conclusion.