BCC 289/2009
Type
Case
Court
Bahrain Court of Cassation
Jurisdiction
Bahrain
Taxonomy
Civil Evidence, Regulatory Compliance, General Real Property Law, General Family Law
Copyright
LexisNexis
Decision date
5 Oct 2009
Catchwords
Evidence – Witness – Family Member – Property – Registration
This case involved a claim by a wife that she had obtained a loan so a house could be built based on the condition that she was jointly registered on the title which the husband disputed. The key issue was whether the court could use evidence from a witness who was a close family member of one of the parties in coming to its decision.
Background
A claimant filed a case against a defendant before the court requesting the defendant to pay them 14211.840 Dinars and 10% interest. The claimant said that she was the defendant's wife and that she paid him the amount after she received it as a loan in order to build a home. The claimant said that she agreed with her husband to register half the home in her name but he failed to commit to his obligation.
The court ruled that the defendant should pay the claimant the amount.
The defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.
Decision