Kuwait Court of Cassation principle number 3807

Omission or error in the names and capacities of the parties stated in the judgment. Its effect. Its nullity. The condition thereof. - 640 - Commercial - A sole proprietorship has no existence independent of its owner. It is regarded as an element of his patrimony. The implication thereof: it may not sue or be sued as plaintiff or defendant; rather, its owner conducts litigation concerning it. - Valid institution of proceedings. Its prerequisite. They must be initiated by or directed against a party possessing capacity to be a party and to litigate. Appearance in the action of the owner of the sole proprietorship intended as the party to the proceedings. Eliminates the ground for nullity.