Background

A claimant filed a case against a defendant before the court requesting the dismissal of a dispossession decisions issued by the defendant. The claimant said that the Minister of Housing was the party that had the mandate to issue such decision and that the decision was not aimed to achieve public interest.

The court dismissed the case.

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

The claimant appealed the ruling before the court of cassation.

Decision

The court of cassation considered the issues related to the general order and said that the constitutional court ruled that Bahrain Law No. 8/1970 was unconstitutional and that the ruling was issued in the official gazette on 12/04/2007, before the ruling in the case was issued. The court said that the dispute between the two parties resulted from the application of this law and the dispossession decision should be deemed invalid.