BCC 70/2006
Type
Case
Court
Bahrain Court of Cassation
Jurisdiction
Bahrain
Taxonomy
Appeals, Civil Courts, General Real Property Law, Regulatory Compliance, Litigation Procedure & Practice, Types of Contract, Conveyancing & Sale of Land
Copyright
LexisNexis
Decision date
2 Oct 2006
Catchwords
Appeal – Court of Appeal – Defence – Property – Registration – Sales Contract – Litigation Procedure
The initial dispute involved the sale of property where the sale had not been registered. A key issue was whether a defence could be brought for the first time before the Court of Appeal if it had not been mentioned in the court of first instance.
Background
A claimant filed a case against defendants before the civil court claiming that he had agreed with the first defendant as a representative of the third defendant to buy a disputed property and paid part of its value in advance and agreed to pay the remaining amount after the completion of the registration proceedings. The claimant said that the first defendant had failed to complete these proceedings and requested the validation of the sale contract dated 11/02/2003.
The court ruled that the contract should be validated.
The defendants appealed the ruling before the court of appeal. The court dismissed the appealed ruling and the dismissed the case.
Decision