BCC 186/2006, 219/2006
Type
Case
Court
Bahrain Court of Cassation
Jurisdiction
Bahrain
Taxonomy
Litigation Procedure & Practice, Limitation of Actions, General Company Law & Business Entities, Liquidation
Copyright
LexisNexis
Decision date
27 Nov 2006
Catchwords
Litigation Procedure – Statute of Limitations – Company – Shares – Liquidation – Reconciliation Agreement
This case involved a company share holder's rights to profits and a share of the assets of a company. It was irrelevant the company was not yet liquidated as the defendants had endorsed the liquidation of the company. The claim for the profit share was not impacted by the statute of limitations as a reconciliation agreement had interrupted the relevant period.
Background
A claimant filed a case against a company and defendants before the civil court requesting the court appoint an expert in order to determine the company assets since its establishment in 1969 and order the defendants to pay them an amount of money. The claimant said that they owned 14 shares in the company.
The court ruled that the defendants should pay the claimant 217.343.1 Dinars and interest.
The defendants appealed the ruling before the court of appeal. The court amended the appealed ruling and ruled the defendants should pay the claimant 973.813 Dinars and interest.
Decision
The claimant and the defendants appealed the ruling before the court of cassation.
Appeal No. 186/2006: