BCC 356/2009
Type
Case
Court
Bahrain Court of Cassation
Jurisdiction
Bahrain
Taxonomy
General Real Property Law, General Company Law & Business Entities, General Civil Procedure & Administration of Justice, General Contract Law
Copyright
LexisNexis
Decision date
19 Apr 2010
Catchwords
Property seller – Sale of Business – Contents of Property – Revoking of the contract –Case Previously Settled
The original dispute involved the request for the revocation of a contract to sell a business premises and its contents. It was argued this case could not be heard because there had been a previous ruling on the matter. This was disregarded after it was proved the earlier ruling had not covered the contents of the premises.
A property seller filed a case before the High Court (Case No. 970/2006) claiming that he had sold a woman's hair salon with its contents on 20 November 1993 and signed a preliminary contract. However, in 1995 the seller filed a case (Case No. 440) requesting the revocation of the contract but the buyer had refused to hand over the contents of the salon so he had filed this case. The court referred the case for investigation and after hearing the witness statements it ordered the buyer to hand over the content of the salon. The buyer appealed (Appeal No. 2155/2008). The court of appeal nullified the appealed ruling and stated the case could not be considered because it has been settled previously.
Decision