BCC 324/2005, 326/2005
Type
Case
Court
Bahrain Court of Cassation
Jurisdiction
Bahrain
Taxonomy
Conveyancing & Sale of Land, Payment & Payment Systems, Regulatory Compliance
Copyright
LexisNexis
Decision date
27 Feb 2006
Catchwords
Conveyancing – Cheque – Repayment – Sale of property
This case involved amounts required to be repaid after an agreed property sale did not proceed. The purchaser could not request repayment of their deposit as it had been paid by cheque and this had not been cashed.
Background
A purchaser filed a case against a seller before the court requesting the seller pay 16600 Dinars and interest. The buyer said that he agreed with the seller to buy a property from him for 52000 Dinars and he paid 500 Dinars in advance and then 6800 Dinars after signing the contract. The buyer said that the seller failed to complete the sales proceedings and he had the right to claim what he paid and compensation.
The court dismissed the case.
The buyer appealed the ruling before the court of appeal. The court dismissed the appealed ruling and ruled that the seller should pay the buyer 1000 Dinars.
Decision
The seller and the buyer appealed the ruling before the court of cassation.
Appeal No. 326/2005: