BCC 74/2007
Type
Case
Court
Bahrain Court of Cassation
Jurisdiction
Bahrain
Taxonomy
Civil Courts, Appeals, General Real Property Law, Associations & Clubs, Remedies
Copyright
LexisNexis
Decision date
19 Nov 2007
Catchwords
Court – Appeal – Land – Club – Contract - Remedy
This case involved a contract to allow the use of club facilities which had been violated. It was argued that the club had been given new land in exchange for its previous land and so the rights under the contract should have been transferred to this new land. This was irrelevant as this defence was not brought forward until the court of cassation.
Background
A claimant filed a case against a sports club before the court requesting the validation of his right to exploit the club and the café or payment of 27036 Dinars. The claimant said that he had agreed with the club to exploit these facilities but the club had failed to commit to its obligation as stipulated by the contract.
The court ruled that the club should pay the claimant 9738 Dinars and interest.
The claimant appealed the ruling before the court of appeal. The court dismissed the appealed ruling and dismissed the case because it was filed against an irrelevant party.
Decision