Background

A claimant filed a case against an owner of a restaurant and a defendant before the court requesting the cessation of disturbance made by the restaurant to the neighbourhood.

The court dismissed the case.

The claimant appealed the ruling before the court of appeal. The court upheld the appealed ruling.

Decision

The claimant appealed the ruling before the court of cassation and said in his grounds of appeal that the ruling had violated the right of defence and said that the licence of restaurant violated Article 20 of Bahrain Ministerial Decision No. 1/1990 which stipulated that the restaurant should not be established within a residential area.

The court said that this argument was invalid because Article 2 of Bahrain Ministerial Decision No. 1/1990 stipulated that a restaurant should be an independent building or established within a hotel. The court said the mentioned decision did not stipulate that a restaurant should not be established within a residential area.

The court dismissed the appeal.