BCC 381/2009
Type
Case
Court
Bahrain Court of Cassation
Jurisdiction
Bahrain
Taxonomy
General Landlord & Tenant, Planning
Copyright
LexisNexis
Decision date
26 Apr 2010
Catchwords
Lease – Land – Building on Leased Land – Cease Building – Change in Planning Permission - Damages
This case involved a claim for moral and financial damages by a tenant who had begun building work on land in line with Planning Permission. The landlord tried to stop the work. A key point was that the planning permission had changed and buildings were not allowed on the land. The tenant had been notified of the change before he started construction so no damages were due.
Background
A tenant filed a case before the Civil High Court (Case Number: 8524/2006) claiming he had rented a piece of land in Manama from a landlord in order to invest in it by building stores in line with the planning permissions issued for the land. The tenant added when he had embarked on the construction work the landlord had attempted to prevent him from completing the building work by the use of force at some points and by filing a case against him to stop the building work at others. The tenant stated he had suffered moral and financial damages. The High Court dismissed the case. The case finally ended up before court of cassation.
Decision