Kuwait Court of Cassation principle number 1347

Valid constitution of the litigation. Its condition. Both parties must possess capacity to be parties to proceedings and to litigate. This encompasses all stages of the action, because the nullity of the litigation procedures for lack of capacity recurs and may be pleaded at any stage of the action. - The criterion for capacity is the establishment of the litigant's legal personality, whether a natural or legal person. - The absence of capacity to be a party to proceedings in the litigant in the action the appeal renders its procedures absolutely void as a matter of public policy. An example concerning the nullity of litigation brought against a sole proprietorship lacking legal personality rather than its owner.