BCC 380/2005

This case involved a request to dismiss a contract renting a commercial lease. The contract was invalid because it was not possible to sell or rent a commercial lease without the inclusion of the premises the lease related to.

Background

A claimant filed a case against a defendant before the court requesting the dismissal of a commercial lease. The claimant said that he owned the commercial lease and he agreed that the defendant could benefit from the lease for 25 years when he was underage. The claimant said that he no longer wanted to permit the defendant to benefit from the lease under Article 74(2) of the Civil Law.

The court ruled that the commercial lease should be dismissed.

The defendant appealed the ruling before the court of appeal. The court dismissed the appealed ruling and dismissed the case.

Decision

The claimant appealed the ruling before the court of cassation and said in his grounds of appeal that the ruling had violated the law and that the court dismissed the case although the mentioned lease violated Article 1 of Bahrain Law No. 1/1987 and that the invalidity of the lease related to general order.