BCC 437/2006
Type
Case
Court
Bahrain Court of Cassation
Jurisdiction
Bahrain
Taxonomy
Conveyancing & Sale of Land, General Real Property Law, Regulatory Compliance, Civil Courts, General Contract Law, Civil Evidence, Jurisdiction & Choice of Law
Copyright
LexisNexis
Decision date
30 Apr 2007
Catchwords
Conveyancing – Sale of Property – Preventative Detention – Travel Ban – Jurisdiction – Court of Urgent Affairs – Contract – Evidence
This case involved a request for a preventative detention on a property and a travel ban after money had been paid for a property sale but the relevant contracts had not been issued. There was no evidence the full property price had been paid so no danger existed that would require a preventative detention or travel ban.
Background
A claimant filed a case against two defendants before the court of urgent affairs requesting the imposition of a preventive detention on a disputed property and a prevention of the defendants from travelling. The claimant said that he had bought the property from the first defendant and paid 50000 Dinars but they failed to release a contract.
The court said that it had no mandate to consider the case.
The claimant appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision