BCC 357/2006
Type
Case
Court
Bahrain Court of Cassation
Jurisdiction
Bahrain
Taxonomy
Jurisdiction & Choice of Law, Civil Courts, Companies & Corporate Bodies
Copyright
LexisNexis
Decision date
22 Jan 2007
Catchwords
Jurisdiction – Court of Urgent Affairs – Detention – Sales Proceeding – Company Property
This case involved the detention and sales proceedings for a digger which it was stated had wrongly been included in a company's estate. The key issue was whether the court of urgent affairs had jurisdiction which depended on whether the matter required subjective investigation.
Background
The owner of a digger filed a case against a defendant before the court of urgent affairs requesting the cessation of the detention and sales proceedings. The owner filed a civil case requesting the cessation of the detention and sales proceedings on the estates of a contracting company until the case was settled. The owner said that the digger was among the property under detention.
The court ruled that the digger should not be sold but the detention on it should still be imposed until the settlement of the civil case.
The defendant appealed the ruling before the court of appeal. The court dismissed the appealed ruling and ruled the court of urgent affairs had no mandate consider the case.
Decision