Background

Some claimants filed a case against the department of expropriation before the civil court requesting the dismissal of an expropriation decision as the constitutional court had ruled that the Law of Expropriation for Public Interest Bahrain Law No. 8/1970 was unconstitutional.

The court ruled that the decision should be dismissed.

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

Decision

The department appealed the ruling before the court of cassation and said in its grounds of appeal that the ruling had erred in the application of law and that the court had established its ruling based on the argument that the Law of Expropriation for Public Interest, Bahrain Law No. 8/1970 was unconstitutional without investigating the date of the expropriation.

The court said that this argument was valid because the case file revealed that the expropriation decision was issued by the department before the decision of the constitutional court was made on Bahrain Law No. 8/1970.