BCC 476/2009
Type
Case
Court
Bahrain Court of Cassation
Jurisdiction
Bahrain
Taxonomy
General Real Property Law, General Civil Procedure & Administration of Justice, Mortgages, Sale of Land
Copyright
LexisNexis
Decision date
19 Apr 2010
Catchwords
Sale – Property – Outstanding Balance – Outstanding Mortgage – Seizure – Costs – Contract Cancellation
The original dispute involved a request for compensation and the cancellation of a property sales contract. It was claimed the seller had not cleared the outstanding mortgage and the bank had started proceedings to seize the property and that the outstanding balance on the property remained unsettled. A key point was who should be liable for the costs in this case.
Background
An individual filed a case against another person claiming they had bought a villa from them. They had paid them 49,000 Dinars and agreed to pay the remaining balance after the seller settled the villa's mortgage with the bank. The seller failed to meet these commitments and the bank started procedures to seize the villa. The buyer requested the court ratify the purchase contract and force the seller to pay compensation. The seller requested the court cancel the contract. The court ruled that the contract is valid but rejected the compensation. The court rejected the seller's request to cancel the contract. The seller appealed the ruling before the court of appeal. The court upheld the ruling.
Decision