BCC 362/2007
Type
Case
Court
Bahrain Court of Cassation
Jurisdiction
Bahrain
Taxonomy
General Real Property Law, Compensation, Planning, General Local Government
Copyright
LexisNexis
Decision date
14 Apr 2008
Catchwords
Boundaries – Compensation – Construction – Planning – Local Authority
This case involved the construction of buildings on land which had crossed the boundaries into land owned by the claimant. No consultation with the local authority had been carried out before starting the building. A key issue was whether the defendant should be ordered to remove the infringing property or just pay compensation.
Background
A claimant filed a case against a defendant before the civil court requesting the defendant remove an infringement from his properties and pay compensation.
The court ruled that the defendant should remove the infringement and pay a compensation of 500 Dinars.
The defendant appealed the ruling before the court of appeal. The court dismissed the appeal and upheld the appealed ruling.
Decision
The defendant appealed the ruling before the court of cassation. The court repealed the ruling and referred the case to the court of appeal. The court dismissed the appealed ruling and ruled that the defendant should pay the claimant 6000 Dinars.